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' NORTH CAROLINA 



REGISTER 



VOLUME 12 • ISSUE 21* Pages 1870 - 1977 

May 1, 1998 




IN THIS ISSUE 

Executive Order 

Voting Rights Letter 

CommunitN' Colleges 

Employee Assistance Professionals 

Environment and Natural Resources 

Health and Human Services 

Justice 

Medical Board 

Speech & Language Pathologists and Audiologists 

Rules Review Commission 

Contested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 2 761 1- 7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 1.13 



For those persons that have questions or concerns regarding the Administrative Procedure Act or any of its 
components, consult with the agencies below. The bolded headings are typical issues which the given 
agency can address, but are not inclusive. 



Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc. 

Ofllce of Administratn e Hearings 

Rules Di\ision P: 

Capehart-Crocker House I (919)733-2678 

424 North Blouni Street ....-..:■.■■•■•■■:•..; (919) 733-3462 FAX 

Raleigh. North Carolina 27601-2817: :'-^ '"""""'■■-'■'■::>.■:■. 



contact: Molly Masich. Director ,APA Services 
Ruby Creech. Publications Coordinator 



mmasich?7oah. state nc us 
rcreechfloah. state nc us 



Fiscal Notes & Economic Analysis 

Office of State Budget and Management 
1 16 West Jones Street 
; Raleigh. North Carolina 27603-8(K)5 

contact: Mark Sis;ik. Economist 111 
Anna Teffi. Economist 11 



Rule Review and Legal Issues 

Rules Re\ iew Commission 
ntr Glenwood A\e.. Suite 159 
Raleigh. North Carolina 27605 

contact; Joe DeLuca Jr.. Staff Director Counsel 
Bobbv Br\an. Staff Attorney 



(919)73^-7061 
(919) 733-0640 F.AX 

msisakV; osbm state nc.us 
atefft a osbni state nc us 



{919) 733-2721 
(919)733-9415 FAX 



Legislative Process Concerning Rule Making 

Joint Legislati\e Administratne Procedure Oversight Commiaee 

545 Legislati\e Office Building 

300 North Salisbury- Street (919) 7>l-2578 

Raleigh. North Carolina 276 1 1 (919)71 5-5460 FAX 



contact: Man Shuping. Staff Liaison 



mar> s a ms ncga slate nc us 



County and Municipality^ Government Questions or Notification 

NC Association of County Commissioners 

215 North Dawson Street (919) 715-2893 

Raleigh. North Carolina 27603 

contact: Jim Blackburn or Rebecca Troutman 



NC League of Municipalities 
215 North Dawson Street 
Raleigh. North Carolina 27603 

contact: Paula Thomas 



(919)715-4000 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 1.13 



NORTH CAROLINA 
REGISTER 




Volume 12, Issue 21 
Pages 1870- 1977 



May 1, 1998 



This issue contains documents officially filed 
through Apnl 9, 1998. 



Office of Administrati\'e Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh. NC 27611-7447 

(919)733-2678 

FAX (919) 733-3462 



Julian Mann 111. Director 

Camille Winston. Deput>' Director 

Molly Masich. Director of APA Services 

Ruby Creech. Publications Coordinator 

Jean Shirley, Editorial Assistant 
Linda Richardson. Editorial Assistant 



IN THIS ISSUE 



I. EXECUTIVE ORDERS 

Executive Order 131 1870 

II. IN ADDITION 

Voting Rights Letters 1871 - 1872 

III. RULE-MAKING PROCEEDINGS 

Environment and Natural Resources 

Coastal Management 1873 - 1874 

Health and Human Services 

Child Care Commission 1873 

Justice 

Criminal Justice Ed & Training Standards 1873 

rV. PROPOSED RULES 

Environment and Natural Resources 

En\ironmental Management 1879 - 1881 

Health and Human Services 

Medical Assistance 1875 - 1879 

Secretan of DHHS-Govemor Morehead School . 1875 
Licensing Board 

Medical Board 1881 

V. TEMPORARY RULES 

Environment and Natural Resources 

Health Ser\'ices 1882 - 1884 

Licensing Board 

Employee Assistance Professionals 1884 - 1885 

VI. APPROVED RULES 1886 - 1951 

Community Colleges 

Communit) Colleges 
Environment and Natural Resources 

Coastal Management 

En\ironniental Management 

Health Services 

Marine Fisheries 

Radiation Protection 

Wildlife Resources 
Health and Human Services 

Departmental Rules 

Facilit\' Services 

Medical Assistance 
Justice 

Sheriffs' Education and Training Standards Commission 
Licensing Boards 

Speech & Language Pathologists and Audiologists 

VIL RULES REVIEW COMMISSION 1952 - 1955 

VIH. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 1956 - 1969 

Te.xt of Selected Decisions 

97 OSP 1675 1970 - 1974 

98 DOT 0445 1975 - 1976 

IX. CUMULATIVE INDEX 1-89 



The North Carolina Register is published semi-monthly tor SI 95 per year h\ the Ottiee of Administrati\e Hearings. 424 N'ortli Blount Street. Raleigh. 
NC 2760 1 . Application to mail at Periodicals Rates is pending at Raleigh, NC. NC POSTM.ASTER: Send .Address changes to the OAH/North Carolina 
Register. PO Drawer 27447. Raleigh, NC 2761 1-7447. 



Digitized by tine Internet Archive 

in 2011 with funding from 

University of North Carolina at Chapel Hill 



http://www.archive.org/details/northcarolinareg1221nort 



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EXECUTIVE ORDER 



I 



) 



EXECUTIVE ORDER NO. 131 

AMENDING EXECUTIVE ORDER NO. 127 

NORTH CAROLINA BOARD OF ETHICS 

By the authority vested in me as Governor by the laws and Constitution of the State of North Carolina, IT IS ORDERED: 

Section 1. 

Section 8.c. 2 of Executive Order No. 1 27 is amended by deleting the following: "The valuation of each asset or liability listed 
shall be indicated pursuant to the following categones: 

At least $10,000 but less than $50,000; 
At least $50,000 but less than $100,000: 
At least $100,000 but less than $500,000; 
At least $500,000 but less than $1,000,000; 
In excess of $1,000,000." 

Section 8.c.2 of Executive Order 127 is amended to read as follows: 
(o) "The filing Public Official shall list all directorships on all boards of which he or she is a member." 

Section 8.c. is amended by adding the following to read as follows: 
5. If the Public Official believes a potential for coirflict exists, he or she has a duty to inquire of the Board as to that potential conflict. 

Section 2. 

Section 8.d of Executive Order No. 127 is amended by deleting the following sentence: 
"These Statements shall be resubmitted within thirty days of the Public Official's receipt of the form described in c' above." 

In place of the sentence hereby deleted is substituted the following: 

"These Statements shall be resubmitted to the Board of Ethics on or before May 15, 1998." 

Section 3. 

Subject to the amendments herein, all provisions of Executive Order No. 127 shall remain in fiill force and effect. 

This Order is effective immediately. 

Done in the Capital City of Raleigh, North Carolina, this the 25th of March, 1998. 



> 



12:21 NORTH CAROLINA REGISTER May 1, 1998 1870 



IN ADDITION 



This Section contains public notices that are required to he published in the Register or ha\'e been approved by the Codifier 
of Rules for publication. 



U.S. Department of Justice 
Civil Rights Division 

Voting Section 

P.O. ^Box 66128 
EJ:VLO:NT:jdp Washington, DC 20035-6128 

DJ 166-012-3 
96-3921 
96-4381 
97-3703 
98-0449 

March 23. 1998 

Michael Crovvell. Esq. 

Tharrington Smith 

P.O.Box 1151 

Raleigh. North Carolina 27602-1 151 

Dear Mr. Crowell: 

This refers to eight annexations (six adopted on August 1. 1996 (areas 1. 9. 10. 1 1, 12 and 13). one adopted on No\ember 
12, 1997. and one adopted on Januar\' 14, 1998) and their designation to election districts of the Cit> of Relds^•lIle in Rockingham 
Count>'. North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act. 42 U S.C. 1973c. We 
received your submissions on January 27 and 30, and Februar,' 5. 1998; supplemental information was recei\ed on February 27, 1998. 

Your Februarv' 27, 1998, letter withdraws your submission of the annexation of Area 12, adopted on August 1, 1996, from 
Section 5 re\ie\\ . Accordingh, no determination b> the Attorney General is required concerning this matter. See the Procedures for 
the Administration of Section 5 (28 C.F.R. 51.25(a)). 

The Attorney General does not interpose any objection to the remaining specified changes. However, we note that Section 
5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement 
of the changes. In addition, as authorized by Section 5, we reserve the right to reexamine these submissions if additional information 
that would othen\ise require an objection comes to our attention during the remainder of the sixt> -day review period. 28 C.F.R. 51.41 
and 51.43. 

Sincerely, 

Elizabeth Johnson 
Chief Voting Section 



cc: Mr. D. Kellv Almond 



1871 NORTH CAROLINA REGISTER May 1, 1998 12:21 



INADDITION 



I 



U.S. Department of Justice 
Civil Rights Division 



Voting Section 
P.O. Box 66128 

EJ:DHH;TGL:jdp Washington, DC 20035-6128 

DJ 166-012-3 

98-0385 



I 



April L 1998 

David A. Holec. Esq. 

Cit>' Attorney 

P.O. Bo.\ 7207 

Greenville. North Carolina 27835-7207 

Dear Mr. Holec: 

This refers to sL\ annexations (Ordinance Nos. 97-119. 97-121. 97-122. 97-123. 97-136 and 97-137) and designation of the 
annexed areas to districts of the Cit> of Greemille in Pitt Count>. North Carolina, submitted to the Attorney General pursuant to 
Section 5 of the Voting Rights Act. 42 U.S.C. 1973c. We received your submission on Februan' 2. 1998. 

The Attome> General does not interpose any objection to the specified changes. How e\er. we note that Section 5 expressly 
pro\ides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the changes. 
See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 

Sincerely, 

Elizabeth Johnson 
Chief, Voting Section 



i 



12:21 NORTH CAROLINA REGISTER May 1, 1998 1872 



RULE-MAKING PROCEEDINGS 



A Notice of Rule-making Proceedings is a statement of subject matter of the agency's proposed rule making. The agency must 
publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a rule. 
Publication of a temporary- rule ser\-es as a Notice of Rule-making Proceedings and can be found in the Register under the 
section heading of Temporary Rules. A Rule-making Agenda pubhshed by an agency ser\'es as Rule-making Proceedings and 
can be found in the Rci^ister under the section headiiTS of Rule-making .A<sendas. Statuton- reference: G.S. 150B-2L2. 



TITLE 10 - DEPARTMENT OF HEALTH .AND 
HUMAN SERVICES 



9C .0308. Other rules may be proposed in the course of the 
rule-making process. 



CHAPTER 3 - FACILITY SERVICES 

A Totice of Rule-making Proceedings is hereby given by the 
1 V North Carolina Child Care Commission in accordance 
with G.S. 150B-21.2. The agency shall subsequently publish in 
the Re^i.^ter the text of the nile(s) it proposes to adopt as a result 
of this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 10 

XCAC 3U .0102. 0300. 1600. 1700. 2000. 2500. Other rules 
may be proposed in the course of the rule-making process. 

Authority for the rule-making: G.S. 143B-168.3 

Statement of the Subject Matter: Child Day Care Rules for 
Issuing Rated Licenses. 

Rea.son for Proposed Action: S.L. 97-0506 provides for child 
care centers and family child care homes to receive rated 
licenses based on program standards, education levels of staff, 
and compliance history. The North Carolina Child Care 
Commission proposes to revise or adopt rules as necessary to 
issue rated licenses to child care facilities. 

Comment Procedures: Questions or written comments 
regarding this matter may be directed to Nancy Guy, APA 
Coordinator. Division of Child Development. 319 Chapanoke 
Road P.O. Box 29553. Raleigh. N.C 27526-0553: (919) 662- 
4543. 



Authority for the rule-making: G.S 17C-2: 17C-6: 17C-10 

Statement of the Subject Matter: Adopting a new definition 
for "LIDAR"; removing course topic area, performance 
objectives and hours from code for all radar SMI courses: 
increasing the term of certification for SMI instructors to three 
years: amending rules such that arrests/charges be reported to 
the Commission: adding lack of good moral character as a 
.sanction for decertification of instructors: and, adopting a rule 
to require instructor competence in his/her subject area. 

Reason for Proposed Action: The North Carolina Criminal 
Justice Education and Training Standards Commission has 
authorized rule-making authority to amend adopt numerous 
administrative rules in order to better define the minimum 
employment and training standards that regulate the criminal 
justice officer profession in this State. Additionally, 
technological improvements in Speed .Measuring Instruments 
(radar. TDS. laser) hcn'e resulted m a pressing need to amend 
the Commission 's SMI rules. 

Comment Procedures: Any person interested in this rule- 
making proceeding may present oral or written comments 
relevant to the above-stated subject mater for a period of 60 
days from this notice. Written comments should be directed to 
Scott Perry, Deputy Director, at the Criminal Justice Standards 
Division which is located m G-25, Old Education Building, 114 
West Edenton Street, P.O. Drawer 149. Raleigh. North Carolina 
27602. 



TITLE 12 - DEPARTMENT OF JUSTICE 



TITLE 15A - DEPARTMENT OF 
ENVIRONMENT AND NATURAL RESOURCES 



CHAPTER 9 - CRIMINAL JUSTICE 
EDUCATION AND TRAINING STANDARDS 

~K Totice of Rule-making Proceedings is hereby given by the 
J. V North Carolina Criminal Justice Education and Training 
Standards Commission in accordance with G.S. 150B-21.2. The 
agency shall subsequently publish in the Register the text of the 
rule(s) it proposes to adopt as a result of this notice of rule- 
making proceedings and any comments received on this notice. 

Citation to E.xisting Rules Affected by this Rule-Making: 12 

NCAC 9A. 0103; 9B .0101. .0210 - .0215. .0218. .0220 - .0222. 
.0301. .0305. .0309 -.03 11. . 0404. .0408 - .0409. ,0414. .0416; 



CHAPTER 7 - COASTAL MANAGEMENT 

A Totice of Rule-making Proceedings is hereby given by the 
1 V ENR-Coastal Resources Commission in accordance with 
G.S. 150B-21.2. The agency shall subsequently publish in the 
Register the text of the rule(s) it proposes to adopt as a result of 
this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A .\CAC 7H .0208. .0209. .1100-1700: 7K .0203, 0208. ( 
Other rules may be proposed in the course of the rule-making 
process. 



1873 



NORTH CAROLINA REGISTER 



May 1, 1998 



12:21 



RULE-MAKING PROCEEDINGS 



Authority for the rule-making: G.S. U3A-103(5)c; 113A- 
107(a)(b): H3A-108: 113A-1 13(b): I13A-118.1: U3A-118a; 
113A-124: 113A-229(cl) 

Statement of the Subject Matter: The proposed rules will 
provide additional protection to Estuarine and Public Trust 
resources by amending the existing Estuarine Shoreline Area of 
Environmental Concern rules and extending AEC shoreline 
protection rules to public trust waters. 

Reason for Proposed Action: Review of current rules and 
scientific literature identified a need to implement rules to 
minimize adverse impacts from development adjacent to 
Estuarine and Public Trust resources. 

Comment Procedures: Contact Charles Jones, Assistant 
Director, 151-B Hwy 24, Morehead City, NC 28570. (252)808- 
2808. 

******************** 

CHAPTER 7 - COASTAL MANAGEMENT 

A Totice of Rule-making Proceedings is hereby given by the 

J. V ENR-Coastal Resources Commission in accordance with 
G.S. 150B-21.2. The agency shall subsequently publish in the 
Register the text of the rule(s) it proposes to adopt as a result of 
this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15ANCAC7L.0202. .0203. .0206. .0302. .0304. .0401. .0405. 
Other rules may be proposed in the course of the rule-making 
process. 

Authority for the rule-making: G.S 1 13A-1 12; 1 13A-124. 

Statement of the Subject Matter: Revised priorities for 
awarding local planning and management grants to local 
governments in the coastal area. 

Reason for Proposed Action: The Governor 's Coastal Futures 
Committee (CFC) and Coastal Resources Commission (CRC) 
have both recommended amending the funding priorities to 
reflect current local government planning and management 
objectives. The rules have not been updated in several years.. 

Comment Procedures: All persons interested in this matter 
are invited to make written comment to the NC Coastal 
Resources Commission. Comments may be mailed or faxed to 
Kim Smith, Division of Coastal Management, Post Office Box 
27687, Raleigh, NC 27611-7687; Fax: (919)733-1495. 



12:21 NORTH CAROLINA REGISTER May 1, 1998 1874 



PROPOSED RULES 



This Section contains the text oj proposed rules. At least 60 days prior to the publication of text, the agency published a 
Notice of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least SO days from the 
publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required comment 
period is 60 davs for a rule that has a substantial economic impact of at least five million dollars (S5, 000, 000). Statutory 
reference: G.S 150B-21.2. 



TITLE 10 - DEPARTMENT OF 
HEALTH AND HUMAN SERVICES 

Notice IS hereby given in accordance with G.S. 150B-2L2 
that the Secretary ofDHHS intends to adopt rule cited as 
1 NCAC 21 B .0117. Notice of Rule-making Proceedings was 
published in the Register on March 2, 1998. 

Proposed Effective Date: April 1. 1999 

A Public Hearing will be conducted at 10:00 a.m. on June 3, 
1998 at the Fisher Building Conference Room, 309 Ashe 
Avenue, Raleigh, NC. 

Reason for Proposed Action: On November 6. 1997, Fire 
Inspector Tra\'is Crabtree conducted an inspection of the streets 
on The Governor Morehead School Campus. Several fire safety 
hazards andor violations of the local state codes were noted. 
A copy of the report is attached. An Order To Comply was 
issued requiring GAfS to correct these infractions as soon as 
possible. Failure to comply with the order may render the state 
liable to the penalties provided by law for these violations. 
More importantly, these violations could jeopardize the safety 
and welfare of students and staff on the GMS Campus. 

Comment Procedures: Interested persons may present their 
views at the hearing by registering by phone or mail prior to the 
hearing. Please bring a written copy of your comments to the 
hearing. You may submit written comments until June 3, 1998 
if you cannot attend the hearing. Oral statements may be 
limited at the discretion of the Hearing Officer. To register or 
obtain additional information, please contact Patricia Pur.ser, 
Director of Support Ser\ices. The Governor Morehead School, 
309 Ashe Avenue, Raleigh, NC 27606. Her telephone number 
is (919) 715-8806. 

Fiscal Note: This Rule affects the expenditure or distribution of 
State funds subject to the Executive Budget Act, Article 1 of 
Chapter 143. This Rule does not ha\'e a substantial economic 
impact of at least five million dollars (S5, 000, 000) in a 12-month 
period. 

CHAPTER 21 - GOVERNOR MOREHEAD SCHOOL 

SUBCHAPTER 21B - CAMPUS REGULATIONS 

SECTION .0100 - ABSENCES FROM CAMPUS 

.0117 THE GOVERNOR MOREHEAD SCHOOL 
CAMPUS PARKING 

Parking on The Go\ emor Morehead School Campus shall be 



in conformity with the following requirements: 

(1) Vehicles shall be parked only in designated parking 
spaces. Parking spaces are defined by painted lines in 
the surfaced areas and h\ wheel-stops in non-surfaced 
areas. 



01 
ill 

iAl 

m 



£6) 



No parking is allowed on any streets. 

No stopping to load or unload is allowed on any 

streets. 

Signs shall be erected in specific areas indicating No 

Parking and Tow-away Zones. 

The school may ha\e remo\ed to a place of storage, at 

the o\\-ner's expense, any unattended \ ehicle illegally 

parked in a designated tow-away zone. 

No parking is allowed in any manner that \\ould block 

or prohibit access to a designated crosswalk. 



Authority G.S 143-116.7. 

******************** 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the DHHS-Division of Medical Assistance intends to 
amend rule(s) cited as 1 NCA C 26D . 001 0: 26K . 0006: 50A I 
. 0604: and SOB . 0202. Notice of Rule-making Proceedings was 
published in the Register on September 15, 1997. 

Proposed Effective Date: April 1, 1999 

A Public Hearing will be conducted at 1:30 p.m on June 1, 
1998 at 1985 Umstead Drive, Room 132, Raleigh, NC. 

Reason for Proposed Action: These rules are being 
challenged and appear to be adequate for ensuring that the 
Medicaid program does not pay for medical expenses that could 
be paid by Medicare. Federal financial participation cannot be 
claimed for expenditures paid by Medicaid when Medicare is 
ax'ailable as the primary payer. These changes will strengthen 
the authority of the Medicaid program to require a person to 
make a Medicare application as a condition for payment of a 
claim. State will be payer of last resort. Medicare will be 
primary payer. 

Comment Procedures: Written comments concerning this 
rule-making action must be submitted by June 15, 1998 to Portia 
W. Rochelle, Rule-making Coordinator, Division of Medical 
Assistance, 1985 Umstead Drive, Raleigh, NC 27603. 

Fiscal Note: These Rules do not affect the expenditures or 
rex'enues of state or local government funds. These Rules do not \ 
have a .substantial economic impact of at least five million 
dollars (S5, 000, 000) in a 12-month period. 



1875 



NORTH CAROLINA REGISTER 



Mav 1, 1998 



12:21 



PROPOSED RULES 



CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26D - LIMITATIONS ON AMOUNT: 
DURATION: AND SCOPE 

.0010 COORDINATION WITH TITLE XVIH 

The entire range of benefits available under Part A and Part B 
of Title XVIII to Medicar e — oligibl e p e rsons shall be provided 
through a buy-in agreement with the US Secretary' of Health and 
Human Services as provided by 1843 and 1818 of Title XVIII of 
the Social Security Act. S e n^ic e s. This The buy-in agreement 
shall cover all persons e ligibl e eligible persons under the state's 
approved Title XIX plan. Claims made to Medicaid for payment 
of Medicare covered services will be denied for individuals who 
are entitled to Medicare benefits, but have not enrolled in the 
Medicare program. 

Authority G.S. 108A-25(b); 42 C.F.R. 431.625: 42 C.F.R. 433. 
Subpart D.: Social Security Act 1903(b)(1). 

SUBCHAPTER 26K - TITLE XEX APPEALS 
PROCEDURES 

.0006 PROVIDER BILLING OF PATIENTS WHO 
ARE MEDICAID RECIPIENTS 

(a) A provider may refuse to accept a patient as a Medicaid 
patient and bill the patient as a private pay patient only if the 
provider informs the patient that the provider vvill not bill 
Medicaid for any services but will charg e bill the patient for all 
services provided. 

(b) Acceptance of a patient as a Medicaid patient by a 
provider includes, but is not limited to. entering the patient "s 
Medicaid number or card into any sort of patient record or 
general record-keeping system, obtaining other proof of 
Medicaid eligibility, or filing a Medicaid claim for services 
provided to a patient. A patient, or a patient's representative, 
must request acceptance as a Medicaid patient by: 

(1 ) presenting the patient's Medicaid card or presenting 
a Medicaid number either orally or in w riting; or 

(2) stating either orally or in writing that the patient has 
Medicaid coverage; or 

(3) requesting acceptance of Medicaid upon approval of 
a pending application or a review of continuing 
eligibility. 

(c) Providers may bill a patient accepted as a Medicaid patient 
only in the following situations: 

(1) for allowable deductibles, co-insurance, or co- 
payments as specified in 10 NCAC 26C .0003: or 

(2) prior to providing the service, the provider has 
informed the patient that the patient may be billed for 
the service because: 

(A) it is not a service covered by Medicaid, 
regardless of the t\pe of provider: or 

(B) it is beyond the Medicaid service limit as 
specified under K) NCAC 26B, 10 NCAC 
26C, and 10 NCAC 26D; or 

(C) it is an in-plan benefit which has not been 



authorized by the patient's managed care 
organization as specified under 10 NCAC 26M 
.0203: or 

(D) the patient is 65 years of age or older and is 
entitled to Medicare but has not enrolled: or 

(E) the patient is no longer eligible for Medicaid as 
defined in 10 NCAC SOB. 

bofore the s e rs'ic e is provided th e provider has 
inform e d th e pati e nt that th e pati e nt may bo billed for 
a sers'ic e that is not on e covered by Medicaid 
r e gardl e ss of th e Xy^ s of provid e r or is beyond the 
limits on M e dicaid s e rvices as specifi e d under 10 
NCAC 26B, 10 NCAC 26C, and 10 NCAC 26D: or 

(^^ th e pati e nt is 65 y e ars of ag e or older and is e nrolled 

in th e M e dicar e program at th e tim e s e P i icos are 
r e c e iT .'e d but has failed to supph' a M e dicar e number 
as proof of cov e rag e ; or 

f+) th e pati e nt is no longer eligible for M e dicaid as 

defined in 10 NCAC SOB. 

(d) When a provider files a Medicaid claim for services 
provided to a Medicaid patient, the provider shall not bill the 
Medicaid patient for Medicaid services for which it receives no 
reimbursement from Medicaid when: 

(1) the provider failed to follow program regulations; or 

(2) the agency denied the claim on the basis of a lack of 
medical necessit>'; or 

(3) the provider is attempting to bill the Medicaid patient 
beyond the situations stated in Paragraph (c) of this 
Rule. 

(e) A provider who accepts a patient as a Medicaid patient 
shall agree to accept Medicaid payment plus any authorized 
deductible, co-insurance, co-payment and third party payment as 
payment in fiill for all Medicaid covered services provided, 
except that a provider may not deny services to any Medicaid 
patient on account of the individual's inability to pay a 
deductible, co-insurance or co-payment amount as specified in 
10 NCAC 26C .0003. An individual's inability to pay shall not 
eliminate his or her liability for the cost sharing charge. 
Notwithstanding anything contained in this Paragraph, a 
provider may actively pursue recovery of third party' funds that 
are primary to Medicaid. 

(f) When a provider accepts a private patient, bills the private 
patient personally for Medicaid services covered under Medicaid 
for Medicaid recipients, and the patient is later found to be 
retroactively eligible for Medicaid, the provider may file for 
reimbursement with Medicaid. Upon receipt of Medicaid 
reimbursement, the provider shall refiind to the paUent all money 
paid by the pafient for the services covered by Medicaid with the 
exception of any third party' payments or cost sharing amounts 
as descnbed in 10 NCAC 26C .0003. 

Authority G.S. 108A-25(b): 108A-54; 42 C.F.R. 447.15. 

CHAPTER 50 - MEDICAL ASSISTANCE 

SUBCHAPTER 50A - GENERAL PROGRAM 
ADMINISTRATION 



12:21 



NORTH CAROLINA REGISTER 



Max 1, 1998 



1876 



PROPOSED RULES 



SECTION .06(H) - CORRECTIVE ACTIONS IN 
MEDICAID CASES 

.0604 RESPONSIBILITY FOR ERRORS 

(a) The Division of Medical Assistance shall be financially 
responsible for tlie erroneous issuance of benefits and Medicaid 
claims payments when: 

(1) Policy interpretations gi\en by Di\ision of Medical 
Assistance or its agents are erroneous and that is the 
sole cause of any erroneous benefits or payments; or 

(2) Division of Information Resource Management 
Syst e ms operations staff fail to manually remove 
Medicaid ID cards from outgoing mail subsequent to 
the county DSS's timely authonzation of a tenmnation 
or reduction in benefits; or 

(3) A systems failure at the state computer center occurs 
on the last cutoff date of the month preventing the 
county DSS from data entering case terminations or 
ad\erse actions; or 

(4) Any other failure or error attributable solely to the 
state occurs. 

(b) The county department of social senices shall be 
fmanciiilly responsible for the erroneous issuance of benefits and 
Medicaid claims payments when it: 

(1) Authorizes retroacti\e eligibility outside the dates 
permitted by regulations or Rule .0603 of this 
Subchapter; or 

(2) Fails to send required notices of patient liability or 
deductible balance to medical pro\ iders; or 

(3) Fails to end-date special coverage indicators such as 
CAP. or HMO in the state eligibility information 
sy stem; or 

(4) Enters an authorization date in the eligibility system 
that is earlier than the determined date of eligibility; 
or 

(5) Fails to determine the availability of or fails to data 
enter third-part> resource information in the state 
eligibility information system; or 

(6) Terminates a case or indi\idual after the Medicaid ID 
card has been issued; or 

(7) Issues a county-typed Medicaid ID card that has 
erroneous dates of eligibility ; or 

(8) Fails to iniuate application for Medicare Part B 
cov e rag e for a r e cipi e nts recipient w ho is deceased or 
who is phvsicallv or mentally unable to apply for 
themsehes ;md there is no responsible fiimih member 
(or relatue) to assist; ar e e ligibl e , but r e fus e or ar e 
unabl e to apply for th o m so h c s; or 

(9) Takes any other action that requires payment of 
Medicaid claims for an ineligible individual, for 
ineligible dates or in an amount that includes a 
recipient's liability and for which the state cannot 
claim federal participation. 

(c) The amounts to be charged back to the county department 
of social seniccs for erroneous payments of claims shall be the 
state ;md federal shares of the erroneous payment, not to exceed 
the lesser of the amount of actual error or claims payment. 



Authority G.S. 108A-54: 42 C.F.R. 433.32: 42 C.F.R. 435.904. 

SUBCHAPTER SOB - ELIGIBILITY 
DETERMINATION 

SECTION .0200 - APPLICATION PROCESS 

.0202 INITL\L INTERVIEW 

(a) The county department of social services shall conduct an 
interview with the client or his representati\e. The client may 
have any person or persons of his choice participate in the 
interview. During the inteniew. the Income Maintenance 
Caseworker shall explain the application process, the client's 
rights and responsibilities, the programs of public assistance and 
the eligibility conditions. 

(b) The applicant shall be advised of his right to apply in 
more than one program categor. for which he qualifies and the 
advantages and disad\ antages of the choices shall be explained. 

(c) The client shall be informed of the following: 

(1) That infonnation he provides shall be checked for 
accuracy. The client shall be told what information he 
shall provide, and what sources the agency shall 
contact to check the information. Collateral sources 
of information shall include knowledgeable 
individuals, business organizations, public records, 
and documentary evidence. If the client does not wish 
necessary^ collateral contacts to be made, he can 
withdraw his application. If he denies pennission to 
contact neccssarv' collaterals and all alternative 
sources of verification, the application shall be denied 
due to failure to cooperate in establishing eligibility. 

(2) The client has the nght to: 

(A) Receive assistance if found eligible; 

(B) Be protected against discrimination on the 
grounds of race, creed, or national ongin by 
Title VI of the Civil Rights Act of 1964. He 
may appeal such discrimination; 

(C) If eligible for Medicaid and entitled to 
Medicare Pari A and B. have the monthly 
pr e mium premiums and coinsurance/deductible 
paid ifi on his behalf in accordance with federal 
statutes; und e r an aarcoment b e tw ee n th e stat e 
and SSA; 

(D) Have any information given to the agency kept 
in confidence; 

(E) Appeal, if he believes the agency's action to 
deny, change, or terminate assistance is 
incorrect, or his request is not acted on with 
reasonable promptness; 

(F) Reapply at any time, if found ineligible; 

(G) Withdraw from the program at any time; 

(H) Request the agency's help in obtaining third 
party information which he is responsible to 
provide; 
(I) Be informed of all alternative sources of 
verification for the information he is 
responsible to provide. 

(3) The client shall be responsible for the following: 



1877 



NORTH CAROLINA REGISTER 



Mav 1, 1998 



12:21 



PROPOSED RULES 



(A) Provide the county department, state and 
federal officials, the necessary sources from 
which to locate and obtain information needed 
to determine eligibility; 

(B) Report to the county department of social 
services any change in situation that may affect 
eligibility within 10 days after it happens. The 
meaning of fraud shall be explained. The 
applicant shall be informed that he may be 
suspected of fraud if he fails to report a change 
in situation and that in such situations, he may 
have to repay assistance received in error and 
that he may also be tried by the courts for 
fraud; 

(C) Inform the coimty department of social services 
of any persons or organization against whom 
he has a right to recovery. When he accepts 
medical assistance, the applicant assigns his 
rights to third party insurance benefits to the 
state. He shall be informed that it is a 
misdemeanor to fail to disclose the identity' of 
any person or organization against whom he 
has a right to recovery; 

(D) Immediately report to the county' department 
the receipt of an I.D. card which he knows to 
be erroneous. If he does not report such and 
uses the I.D. card, he may be required to repay 
any medical e.xpenses paid in error. 

Authority G.S. ]08A-25(b); 108A-57; 42 C.F.R. 431.625: 42 
C.F.R. 433, Subpart D; 42 C.F.R. 435.908: Alexander v. 
Flaherty, U.S.D.C, W.D.N.C. Social Security Act 1903(b)(1) 
File No. C-C-74-183, Consent Order Filed 15 December 1989: 
Alexander v. Flaherty Consent Order filed February 14, 1992. 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the DHHS-Division of Medical Assistance intends to 
amend the rule cited as 10 NCAC 26H . 0401. Notice of Rule- 
making Proceedings was published in the Register on October 
15, 1997. 

Proposed Effective Date: April 1, 1999 

A Public Hearing will be conducted at 1:30 p. m on May 18, 
1998 at 1985 Umstead Drive, Kirby Building, Room 132, 
Raleigh, NC. 

Reason for Proposed Action: To cap physician allowable 
amounts not to exceed the Medicare allowable amount for the 
same or similar .'ien-ices, or if the fee may exceed the Medicaid 
fees for similar .serx'ices, or if the fee is too high in relation, to 
the skills, time and other resources required to provide the 
particular ser\'ice. 

Comment Procedures: Written comments concerning this 



rule-making action must be submitted by June 1, 1998 to Portia 
IV. Roche lie. Rule-making Coordinator, Division of Medical 
Assistance, 1985 Umstead Drive, Raleigh, NC 27603. 

Fiscal Note: This Rule does affect the expenditures or revenues 
of state or local government funds. This Rule does not ha\'e a 
substantial economic impact of at least five million dollars 
($5,000,000) in a 12-month period. 

SUBCHAPTER 26H - LIMITATIONS ON AMOUNT: 
DURATION: AND SCOPE 

SECTION .0400 - PROVIDER FEE SCHEDULES 

.0401 PHYSICL\N'S FEE SCHEDULE 

(a) Effective Januaty' I. 1995. (see Paragraph (b) of this Rule) 
physicians' services whetlier fiimished in the office, the patient's 
home, a hospital, a nursing facility' or elsewhere will be 
reimbursed based on the North Carolina Medicaid Fee Schedule, 
except for payments to the vanous Medical Faculty Practice 
Plans of the University of North Carolina-Chapel Hill and East 
Carolina University' which will be reimbursed at cost and cost 
settled at year end. The North Carolina Medicaid Fee Schedule 
is based on the Medicare Fee Schedule Resource Based Relative 
Value System (RBRVS), in effect in fiscal year 1993 (as 
adopted by Medicare at 56 F.R. 59501 (November 25, 1991, 
effective Januarv' 1, 1992, applicable to services fiimished 
beginning Januarv' 1, 1992), but with the following clarifications 
and modifications: 

( 1 ) A maximum fee is established for each service and is 
applicable to all specialties and settings in which the 
service is rendered. Payment is equal to the lower of 
the maximum fee or the provider's customary charge 
to the general public for the particular service 
rendered. 

(2) Fees are established on a statewide basis using the 
Medicare Geographic Practice Cost Indices for the 
North Carolina. 

(3) There will be no transition period in applying the 
Medicaid fees whereas Medicare has a five year 
phase-in period. 

(4) Annual Chang es changes in the Medicaid payments 
will be applied each January' 1 and fee increases will 
be applied based on the forecasted Gross National 
Product (GNP) Implicit Price Deflator. Said annual 
changes in the Medicaid payments shall not exceed 
the percentage increase granted by the North Carolina 
General Assembly. 

(5) Fees for services deemed to be associated with 
adequacy of access to health care services may be 
increased based on administrativ e review. The senice 
must be essential to the health needs of the Medicaid 
recipients, no other comparable treatment available 
and a fee adjustment must be necessary to maintain 
physician participation at a lev el adequate to meet the 
needs of Medicaid recipients. A fee may also be 
decreased based on administrative review if it is 
determined that the fee mav exceed the Medicare 



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1878 



PROPOSED RULES 



allowable iunount for the same or similar sen ices, or 
if the fee is higher than Medicaid fees for similar 
sers ices, or if the fee is too high in relation to the 
skills, time, and other resources required to pro\ide 
the particular serMce. 
(6) Fees for new services are established based on this 
Rule, utilizing the most recent RBRVS. if applicable. 
If there is no relative \ ;ilue unit (R\TJ) a\ailable from 
Medicare, fees will be established based on the fees 
for similar sersices. If there is no RVU or similar 
senice. the fee will be set at 75 percent of the 
pro\ider's customan charge to the general public, 
(b) This reimbursement limitation shall become effective in 
accordance with the pro\isions of G.S. 108A-55(c). 

Authonn- G.S. l08A-25(b): S.L 1985. c. 479. s. 86. 



TITLE 15A - DEP.ARTMENT OF 
ENVIRONMENT AND NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the DEXR-Environmental Management Commission 
intends to amend the nile cited as 15A XCAC 2B .0308. Xotice 
of Rule-making Proceedings was published m the Register on 
December 15. 1997. 



the Division of Water Quality, and all Class SA waters. Under 
the current U'S-II classification. Armstrong Creek and its 
tributaries are considered to be HOW by defmilion. In addition, 
studies conducted by DWQ show that Armstrong Creek has 
excellent water quality and therefore qualifies for HOW status 
upon removal of the water .'iupply classification. The current 
WS-II classification allows for general wastewater discharge 
permits only. If Armstrong Creek and its tributaries are 
reclassified to include the supplemental HOW classification, 
domestic and industrial wastewater discharges would be 
allowed. XeM- or expanding wastewater dischargers to HOWs 
ha\'e more stringent treatment requirements than dischargers to 
Class C waters. Wastewater discharges from new single familv 
residences would not be permitted. Under the current WS-II 
classification, development is limited to one dwelling unit (du) 
per two acres in the Critical Area (CA) and 1 du per acre in the 
balance of the watershed. Thirty foot stream buffers are 
required. A high density option requiring stormwaier controls 
and 100 fool buffers allows for development up to 24% built 
upon area in the CA and up to 30% built upon area in the 
balance of the watershed. If reclassified to HOW, development 
would be permitted at 1 du per acre under the low density option 
and thirty foot buffers would be required. The HOW high 
density option (with stormwater controls) does not specif,- an 
upper limit on development density, nor does it require buffers 
along streams. 



Proposed Effective Date: April 1. 1999 

A Public Hearing will be conducted at 7:00 p.m. on May 28, 
1998 at McDowell Count}' Courthouse, 1 South .Main Street, 
Marion, .\'C. 

Reason for Proposed Action: McDowell County officials ha\'e 
reque.'ited that the Division of Water Quality (DWQ) remove the 
WS-II water supply classification from Antistrong Creek and its 
tributaries. Armstrong Creek was used by Coats American as 
a source for process water and drinking water for its employees. 
The company switched to well water in October. 1997 for their 
drinking water supply source. Armstrong Creek, and all 
tributary streams to Armstrong Creek, are recommended for 
reclassification from Classes US (Water Supplyj-II. WS-II CA 
(Critical Area). WS-II Tr (Trout), and C Tr to Classes C HOW 
(High Quality Waters) and C Tr HOW. The criteria for 
designation to High Quality Waters as defined in 15A XCAC 2B 
.0201 includes those waters which are rated as excellent based 
on biological and physical chemical characteristics through 
DWQ monitoring or special studies, native and special native 
trout waters de.signated by the Wildlife Resources Commission, 
primary nursery areas designated by the .Marine Fisheries 
Commission and other functional nursery areas designated bv 
the Wildlife Resources Commis.sion, critical habitat areas 
designated by the Wildlife Resources Commission or the 
Department of Agriculture, all water supply watersheds which 
are either classified as IfS-I or liS-Il or those for which a 
formal petition for reclassification as WS-I or WS-II has been 
received fi-om the appropriate local government and accepted bv 



Comment Procedures: The purpose of this announcement is 
to encourage those interested in this proposal to provide 
comments. You mo}' either attend the public hearing and make ( 
rele\-ant verbal comments or submit written comments, data or 
other relevant information by June 28. 1998. The Hearing 
Officer may limit the length of time that you may speak at the 
public hearing, ifneces.sary, so that all those who wi.^h to speak 
may hcn-e an opportunity to do so. We encourage you to submit 
written comments as well. The Environmental .Management 
Commission (EMC) is very interested in all comments 
pertaining to the proposed reclassification. It is very important 
that all interested and potentially affected persons or parties 
make their views known to the EMC whether in fa\-or of or 
opposed to any and all provisions of the proposed 
reclassification. The EMC may not adopt a rule that differs 
sub. 'itantiallv from the text of the proposed rule published in the 
Xorth Carolina Register unless the EMC publishes the text of 
the proposed different rule and accepts comments on the new 
text [see 1508-21. 2(gj]. All interested and potentially affected 
persons are strongly encouraged to read the entire 
announcement and supporting information, and make 
appropriate comments on the proposal. Contact Liz Kovasckitz, 
DEXR, Division of Water Quality, Planning Branch, P.O. Box 
29535, Raleigh, XC 27626 0535, (919)733-5083, ext 572. 

Fiscal Note: This Rule does not affect the expenditures or 
re\'enues of state or local government funds. This Rule does not 
have a substantial economic impact of at least five million 
dollars (S5. 000, 000) in a 12-month period ( 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 



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SUBCHAPTER 2B - SURFACE WATER AND 
WETLAND STANDARDS 

SECTION .0300 - ASSIGNMENT OF STREAM 
CLASSIFICATIONS 

[Note: Text shown in bold type has been approved by the 
Rules Review Commission at their January, 1998 
(Paragraph k) and February, 1998 (Paragraph 1) meetings 
and is pending the 1998 Legislative Session. Text shown in 
italics was previously published in the 12:19 NC Register.] 

.0308 CATAWBA RTVER BASIN 

(a) The schedule may be inspected at the following places: 

(1) Clerk of Court; 
Alexander County 
Aven,' County 
Burke County 
Caldwell County 
Catawba Count>' 
Gaston County 
Iredell County 
Lincoln County 
McDowell County 
Mecklenburg County 
Union Count>' 
Watauga County 

(2) North Carolina Department of Environment and 
Natural Resources: 

(A) Moores\ille Regional Office 
919 North Main Street 
Moores\ille. North Carolma 

(B) Asheville Regional Office 
Interchange Building 

59 Woodfin Place 
Asheville. North Carolina. 

(b) Unnamed Streams Such streams entering South 
Carolina are classified "C." 

(c) The Catawba River Basin Schedule of Classifications 
and Water Quality Standards was amended effective: 

(1) March!. 1977; 

(2) August 12. 1979; 

(3) April 1, 1982; 

(4) Januan- 1. 1985; 

(5) August 1, 1985; 

(6) February 1, 1986; 

(7) March 1, 1989; 

(8) May 1, 1989; 

(9) March 1. 1990; 

(10) August 1. 1990; 

(11) Augusts. 1992; 

(12) Apnl 1. 1994; 

(13) July 1. 1995; 

(14) September 1. 1996; 

(15) August 1, 1998; 

(16) Apnl 1. 1999. 

(d) The Schedule of Classifications and Water Quality- 



Standards for the Catawba River Basin was amended effective 

March 1. 1989 as follows; 

(1) Wilson Creek (Index No. 1 1-38-34) and all tributary 
waters were reclassified from Class B-trout and Class 
C-trout to Class B-trout ORW and Class C-trout 
ORW. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
May 1. 1989 as follows; 

(1) Henry Fork [Index Nos. 11-129-1-(1) and 
1 l-129-l-(2)] fi-om source to Laurel Creek, including 
all tributaries, were reclassified from Class WS-I, C 
and C trout to Class WS-I ORW, C ORW and C trout 
ORW, except Ivy Creek and Rock Creek which will 
remain Class C trout and Class C. 

(2) Jacob Fork [Index Nos. ll-129-2-(l) and 
1 1-129-2 -(4)] from source to Camp Creek, including 
all tributaries, were reclassified from Class WS-III 
trout and WS-IIl to WS-III trout ORW and WS-III 
ORW. 

(f) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
March 1, 1990 as follows: 

(1) Upper Creek [Index No. 1 l-35-2-(l)] from source to 
Timbered Branch including all tributaries except 
Timbered Branch (Index No. 11-35-2-9) was 
reclassified from Class C Trout to Class C Trout 
ORW. 

(2) Steels Creek [Index No. 1 1-35-2-12(1)] from source 
to Little Fork and all tributaries was reclassified from 
Class C Trout to Class C Trout ORW. 

(g) The Schedule of ClassificaUons and Water Quality 
Standards for the Catawba River Basin was amended effective 
August 3, 1992 with the reclassification of all water supply 
waters (waters with a primary classification of WS-I, WS-II or 
WS-III). These waters were reclassified to WS-I, WS-II, WS- 
III, WS-IV or WS-V as defined in the revised water supply 
protecUon rules, (15A NCAC 2B .0100, .0200 and .0300) which 
became effective on August 3, 1992. In some cases, streams 
with primary classifications other than WS were reclassified to 
a WS classification due to their proximity and linkage to water 
supply waters. In other cases, waters were reclassified from a 
WS classification to an alternate appropriate primary 
classificadon after being identified as downstream of a water 
supply intake or identified as not being used for water supply 
purposes. 

(h) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
Apnl 1, 1994 as follows; 

(1) Friday Lake (Index No. 1 1-125.5) from its source to 
Little Paw Creek was reclassified from Class C to 
Class B. 

(2) The Linville River [Index No. 12-29-(l)] from 
Grandmother Creek to Linville Falls was reclassified 
from Class C Tr to Class B Tr. 

(i) The Schedule of Classifications and Water Quality' 
Standards for the Catawba River Basin was amended effective 
Julv 1 . 1 995 with the reclassification of Clark Creek from a 



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1880 



PROPOSED RULES 



point 0.6 mile downstream of Catawba Count} SR 2014 to 0.4 
mile upstream of Larkard Creek [Index No. ll-129-5-(4.5)]. and 
Howards Creek from its source to 0.7 mile upstream of Lincoln 
Count>- State Road 1200 [Index No. Il-129-4|. including 
associated tnbutanes from Class WS-IV to Classes C and 
WS-IV. 

(j) The Schedule of Classifications and Water Quality 
Standards for the Catawba Ri\ er Basin was amended effecti\ e 
September I. 1996 as follows; 

(1) North Fork Catawba River [Index No. ll-24-(l)[ 
from Laurel Branch to .Armstrong Creek from Class C 
Tr to Class B Tr; and 

(2) Catawba Ri\er (Lake Hickor\) from Rhodhiss dam to 
highway 32 1 \ [Index No. 1 1-(-'' 1 )] from Class WS- 
IVCA to Class WS-IV&B CA. 

(k) The Schedule of Classifications and Water Quality 
Standards for the Catawha River Basin was amended 
effective August 1, 1998 with the revision to the primani 
classification for portions of the South Fork Catawha River 
[Index No. 11-129-(0.5)1 and Hoyle Creek [Index No. 11-129- 
15-{1)[ from Class WS-FV to Class WS-V. 

(I) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended 
effective August 1, 1998 as follows: 

(1) Mill Creek [Index No. 11-7] from its source to 
Swannanoa Creek, including all tributaries, from 
Class C Tr to Class C Tr HQW; and 

(2) Toms Creek [Index Nos. 11-21-{1) and ll-21-(2)] 
from its source to Harris Creek, including all 
tributaries, from Class C Tr to Class C Tr HQW 
and from Harris Creek to McDowell County SR 
1434, including all tributaries, from Class C to 
Class C HQW. 

(mi The Schedule of Classifications and Water Oualitx' 
Standards for the Cat aw ha River Basin Mas amended effective 
April /j_ 1999 with the reclassification of a portion of the 
CatcBvha River findex \'os. 11 -(27. 5) and 11 -(31)] from Class 
IVS-Il • & B and US-Il ' to Class U'S-l ' d- B and U'S-l : 

(n) The Schedule of Classifications and Water Qualm 
Standards for the Catawba River Basin was amended effecti^•e 
April L, 1999 with the reclassification of Armstrong Creek 
[Index Nos. ll-24-14-(l). 1 1-24-14-( 13.5) and ll-24-14-( 14)1. 
and all tnbutanes from Classes WS-Il Tr. WS-II. WS-II CA and 
C Tr to Classes C Tr HQW and C HQW. 

Authority G.S 143-214.1: 143-215.1: 143-2 15.3(a)(1). 



Proposed Effective Date: April 1. 1999 

A Public Hearing Mill he conducted at 4:00 p.m. on Mav 13. 
1998 at the Xorth Carolina Medical Board. 1201 Front Street. 
Raleigh. XC. { 

Reason for Proposed Action: Compliance with 1997 S'.C. 
Ses.sion Laws which state registration fee is to be paid annually 
on each physician 's birthday, effective January 1. 1998. 

Comment Procedures: Comments may he mailed to the Rule- 
making Coordinator, Helen D. Meelheim at the N.C Medical 
Board P.O. Box 20007, Raleigh, NC 27619. (919)833-5583, ext. 
25. J 'erbal comments may he presented at public hearing. 

Fiscal Note: This Ride does not affect the expenditures or 
revenues of state or local government funds. This Rule does not 
have a substantial economic impact of at least five million 
dollars (S5. 000.000) in a 12-month period. 

SUBCHAPTER 32F - ANNUAL REGISTRATION 

.0003 FEE 

Each physician shall pay a bi e nnial a registration fee of twe 
one hundred dollars ( $200.00 ) ( $100.00) to the Board e\er\- edd 
numb e r e d year in accordance with G S. 90-15.1; except, each 
physician holding a resident's training license shall pay a 
bi e nnial a fee of tw ont> fn e fifteen dollars ($25.00) ($15.00). 
e\er\ phvsician w ho holds a special \olunteer license shall pav 
a fee of ten dollars ($10.00), and ever\- phvsician who holds a 
limited \ olunteer license shall pav no fee. 

Authority G.S. 90-18(13): 90-18.1. 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 

CHAPTER 32 - BOARD OF MEDICAL 
EX.AMINERS 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the Xorth Carolina Medical Board intends to amend 
the rule cited as 21 XCAC 32F .0003. Xotice of Rule-making 
Proceedings Mas published in the Regi.'^ter on .lanuan,' 15. 1998. 



1881 



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12:21 



TEMPORAR Y RULES 



The Codifier of Rules has entered the following temporary nile(s) in the North Carolina Administrative Code. Pursuant to 
G.S. 150B-21.l(e), publication of a temporary rule in the North Carolina Register sen'es as a notice of rule-making 
proceedings unless this notice has been previously published by the agency. 



TITLE 15A - DEPARTMENT OF 
ENVIRONMENT AND NATURAL RESOURCES 

Rule-making Agency: Commission for Health Services 

Rule Citation: 15 NCAC 18A .1601; .1611; .1720 

Effective Date: April 9. 1998 

Findings Reviewed and Approved by: Julian Mann, III 

Authority for the rule-making: G.S. 95-225; 130A-5(3); 
130A-230; 130A-235; 130A-236; 130A-248; 130A-257 

Reason for Proposed Action: The proposed amendments are 
being proposed as a temporary rule because the welfare of 
foster children is being unnecessarily jeopardized due to the 
current requirements being too restrictive for the approval of 
wells sennng proposed family foster homes and other homes in 
which children are needing to be placed. 
The approval process for the licensing of a family foster home 
or a therapeutic foster home includes an inspection by the local 
health department. One aspect of this inspection includes an 
inspection of the water supply well (if one is used). Currently, 
if the well is located closer than 25 feet to the building 
foundation, or if the well was constructed after July 1, 1993, or 
is within 100 feet of a septic tank system, it is not in compliance 
with the rules and the home cannot be licensed as a family foster 
home or therapeutic home for children and adolescents. 
Recently there ha\'e been an increasing number of denials due 
to these reasons, which has brought this issue before the Joint 
Administrative Procedures Ox'ersight Committee. The 
Committee formed a subcommittee to draft legislation to 
accomplish what these proposed rule amendments would 
accomplish. During the discussions, it was agreed that the 
Department would seek rule amendments to make licensing 
easier. 

This rule is necessary as a temporary rule so that children 
needing to be placed in a foster home will not be unnecessarily 
denied. It is believed that if the proposed amendment is 
adopted, the health of the children will not be jeopardized in any 
respect. 

Upon approval of the Codifier of Rules, these rules will become 
effective May 5, 1998. The rule will appear in the May 1, 1998, 
NC Register. 

Comment Procedures: Comments should be made to Mr. 
Malcolm Blalock at PO Box 29596, Raleigh, NC 27626-0596 or 
email at Malcolm Blalock&mail. enr. state, nc. us. 

CHAPTER 18 - ENVIRONMENTAL HEALTH 



SUBCHAPTER 18A - SANITATION 

SECTION .1600 - SANITATION OF RESIDENTLVL 
CARE FACILITIES 

.1601 Definitions 

The following definitions shall apply throughout this Section: 

(1) "Department of Environment, Health, and Natural 
Resources" means the Secretary, or his authorized 
representative. 

(2) "Director" means the State Health Director. 

(3) "Foster Care" means the care of individuals as defined 
in G.S. 131D-10.2(9). 

(4) "Family foster home" means a facility as defined in 
G.S. 131D-10.2{8). 

(5) "Manager" means the person in responsible charge of 
a residential care facility. 

(6) "Potentially hazardous food" means any food or 
ingredient, natural or synthetic, in a form capable of 
supporting the growth of infectious or toxigenic 
microorganisms, including Clostridium botulinum. 
This term includes raw or heat treated foods of animal 
origin, raw seed sprouts, and treated foods of plant 
origin. The term does not include foods which have 
a pH level of 4.6 or below or a water activity (Aw) 
value of 0.85 or less. 

(7) "Private residence regulated by these Rules" means a 
single family residence at which individuals are 
provided room or board and for which a license to 
operate is required to be obtained or a certificate for 
payment is obtained from the Department of Health 
and Human Services. 

(8)P> "Residential care facility" means an establishment 
providing room or board and for which a license or 
certificate for payment is obtained from the 
Department of Human Resoiu"ces. However, the term 
shall not include a child day care facility or an 
institution as defined in 15 A NCAC 18A .1300. 

(9}{*) "Resident" means a person, other than the manager, 
his immediate family, and staff, residing in a 
residential care facility. 
(10)W "Sanitarian" means a person authorized to represent 
the Department on the local or state level in making 
inspections pursuant to state laws and rules. 
ilDfW) "Sanitize" means the approved bactericidal treatment 
by a process which meets the temperature and 
chemical concentradon levels in 15A NCAC 18A 
.2619. 



History Note; Authority G.S. 130A- 
Eff February 1, 1976; 
Readopted Eff December 5, 1977; 



235; 



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1882 



TEMPORAR Y R ULES 



Amended Eff. July 1. 1993: September 1. 
March 1, 1988: July 1. 1984: 
Temporary' Amendment Eff. May X_ 1998. 



1990: 



(B) 



.1611 WATER SUPPLY 

(a) Water supplies shall meet the requirements in 1 5 A NC AC 
18A.1700. 

(b) At least once a year, a sampl e samples of water shall be 
collected by the Department and submitted to the Division of 
Laboratop . Sor\icoG North Carolina State Laboratory of Public 
Health or other laboratory certified by the Department to 
perform bact e nological e xaminations examinations for nitrates 
and bacteria. Ho\ve\er if the supply seri,-es a family foster home 
or a pri\ate residence regulated bv these Rules and the well is 
located at least H) feet but less than 25 feet from a building 
foundation, the well shall be sampled for pesticides, nitrates, and 
bacteria upon application for licensure or approval. .After the 
initial pesticide s^miple is collected and analyzed, the well shall 
be sampled again for pesticides following any treatment for 
structural pests 

(c) No backflow connections or cross connections with 
unappro\ed supplies shall exist. 

(d) Adequate hot water heating facilities shall be provided. 
Hot and cold running water under pressure shall be pro\ided to 
food preparation areas and any other areas in which water is 
required for cleaning. 

History Note: Authority G.S. 95-225: 130A-5(3J: 130A-230: 

130A-235: 130A-236: 130A-248: 130A-257: 

Eff. September 1. 1990: 

Amended Eff. May 1, 1990: July 1, 1993: 

Temporary- Amendment Eff May 5j_ 1998. 



SECTION .1700 



PROTECTION OF WATER 
SUPPLIES 



.1720 WATER SUPPLIES 

(a) A water supph' for which reqtiirements are established in 
this Subchapter, shall be from a community water supply 
regulated pursuant to 15A NCAC 18C or from a supply located, 
constructed, maintained, and operated in accordance with this 
Section. 

(b) The requirements found m Rules .1720(c) through .1728 
of this Section shall not apply to community water supplies. 

(c) The following setback requirements shall apply: 

(1) A well shall not be located in an area propensity for 
flooding. Areas which ha\e a propensity^ for flooding 
include those with concaye slope, allmial or colluvial 
soils, gullies, depressions or drainage ways 

(2) A well constructed on or after July 1, 1993 shall be 
located at a minimum horizontal distance from: 
(A) Septic tank or nitrification field; 100 ft . 

(i) for a facilit\- other than a Family Foster 
Home or a pri\ate residence regulated 
by 15 A NCAC 18 A. 1600; 100 ft. 

(ii) for a Family Foster Home or for a 
prnate residence regulated bv 15A 
NCAC 18A.1600; 50 ft. 



(C) 

(D) 

(E) 

(F) 
(G) 

(H) 

(I) 
(P) 

(K) 
(L) 



Other subsurface ground absorption waste 

disposal; 100 ft. 

ill for a facilin- other than a Family Foster 

Home or a private residence regulated 

bv 15ANCAC 18A.1600; 100 ft. 

(11) for a Family Foster Home or for a 

pri\ate residence regulated bv 15A 

50 ft. 



NCAC 18A.1600; 



Industrial or municipal sludge spreading or 

wastewater imgation site; 100 ft. 

Watertight sewage or liquid-waste collection or 

transfer facility; 50 ft. 

Other sewage or liquid-waste collection or 

transfer facility ; 100 ft. 

Animal feedlot or manure pile; 100 ft. 

Fertilizer, pesticide, herbicide or other 

chemical storage area; 100 ft. 

Non-hazardous waste storage, treatment or 

disposal lagoon; 100 ft. 

Sanitan,' landfill; 500 ft. 

Other non-hazardous solid waste 

landfill; 100 ft. 

Animal bam; 100 ft. 

Building foundation; 50 ft. 

iiX for a facilits other than a Family Foster 

Home or a pnvate residence regulated 

by 15ANCAC 18A.1600: 50 ft. 

(ii) for a Family Foster Home or for a 

15A 



pri\ate residence 
NCAC 18 A. 1600; 



regulated bv 

10 ft 
50 ft. 
underground 



(M) Surface water body; 

(N) Chemical or petroleum fuel 

storage tank regulated under 1 5 A NCAC 2N: 
(i) with secondar,' containment; 50 ft. 

(ii) without secondar\' containment; 100 ft. 
(O) Any other source of groundwater 

contamination. 100 ft. 

(3) For a well constructed prior to July 1, 1993, the 
minimum horizontal distances specified in Parts 
(C)(2)(A). (B), (D). and (L) of this Rule shall be 
reduced to no less than the following: 

(A) Septic tank or nitrificadon field; 50 ft. 

(B) Other subsurface ground absorption waste 
disposal system; 50 ft. 

(C) Water-tight sewage or liquid-waste collection 
or transfer facility; 25 ft. 

(D) Building foundation. 25 ft. 

(4) A well constructed prior to July 1, 1993 serving an 
establishment regulated under 15 A NCAC 18A in 
operation prior to July 1, 1993 shall be required to 
meet only the following minimum horizontal distance 
requirements: 

(A) Septic tank or nitrification field; 50 ft. 

(B) Other subsurface ground absorpUon waste 
disposal system. 50 ft. 

(5) An owner, licensee or permittee shall not place or 
ha\e placed a new source of contamination within the 
minimum horizontal distances in Subparagraphs 



1883 



NORTH CAROLINA REGISTER 



May 1, 1998 



12:21 



TEMPORARY RULES 



(c)(l)-(4) of this Rule. 
(6) If different minimum horizontal distances 
requirements are set by the Di\ision of Emironmental 
Management pursuant to 15A NCAC 2C .01 18 and 
.0119. those minimum horizontal distance 
requirements shall be used. The owner, licensee or 
permittees shall provide a written copy of the adjusted 
minimum horizontal distance requirements from the 
Division of Environmental Management to the local 
health department. 

History Note: Authority G.S. 95-225: 130A-5(S); 130A-230; 

130A-235: 130A-236: 130A-248: 130A-257: 

Eff. September 1, 1990: 

Amended Eff. May 1. 1996; July 1, 1993: 

Temporary Amendment Eff. May 5^ 1998; March 1, 1998. 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 

CHAPTER 11 - BOARD OF EMPLOYEE 
ASSISTANCE PROFESSIONALS 

Rule-making Agency: jVC Board of Employee Assistance 
Professionals 

Rule Citation: 21 NCAC 11 .0101 -.0112 

Effective Date: May 5. 1998 

Findings Reviewed and Approved by: Julian Mann 

Authority for the rule-making: G.S. 90-509 

Reason for Proposed Action: The NC Board of Employee 
Assistance Professionals is required to promulgate rules to 
provide procedures for and areas of responsibility for 
individuals who apply to become licensed Employee Assistance 
Professionals as set forth in G.S. 90-500. 

Comment Procedures: Written comments should be submitted 
to Charlotte F. Hall, Division ofMWDD/SAS. 325 N. Salisbury 
St.. Raleigh, NC 27603-5906. 

SECTION .0100 - ADMINISTRATION 

.0101 SCOPE 

(a) This Subchapter sets forth rules for the North Carolina 
Board of Employee Assistance Professionals. 

(b) The mailing address of the Board is PC Box 10344, 
Raleigh, North Carolina 27605-0344. 

History Note: Authority G.S. 90-509: 
Temporary A doption Eff. May 5^ 1998. 

.0102 COMPOSITION OF BOARD MEMBERS 



(a) Board members shall be appointed in accordance with 
G.S. 90-501 and may serve successive annual terms as either 
Chair or Secretan'. 

(b) A Chair and a Secretary shall be elected at the first 
meeting of each calendar year. 

History Note: Authority G.S. 90-501: 90-511: 
Temporarx' Adoption Eff May 5j_ 1998. 

.0103 BOARD MEETINGS 

(a) Board meetings shall be held quarterly. 

(b) The Board Chair may call special meetings as necessary 
to conduct business. 

(c) Board meetings shall be noticed in accordance with the 
Open Meetings Law set forth in G.S. 143-3 18. 12 Public Notice 
of Official Meetings. 

History Note: Authority G.S 90-501: 143-318. 12; 
Temporary A doption Eff May 5^ 1998. 

.0104 LICENSE APPLICATION 

(a) The Board shall prescribe the forms to be used for 
submitting an application for initial or renewal licensure. 

(b) An application shall not be considered complete unless it 
is submitted using the prescribed form and the unless the Board 
has received the application fee. 

(c) Specific information contained in both the initial and 
renewal applications shall be deemed confidential as prescribed 
by the Board. 

(d) Both an initial and renewal license are valid for a period 
of three years. 

Hi.'itory Note: Authority G.S. 90-503; 
Temporar\' A doption Eff May 5^ 1998. 

.0105 TRANSCRIPTS AND OTHER SUPPORTING 
DOCUMENTS 

(a) Official educational transcripts submitted to support an 
application for licensure shall be received by the Board directly 
from the educational institution. 

(b) Transcript course titles which are ambiguous and do not 
convey the content of courses shall require an applicant to 
provide other documents and information to support claimed 
educational credentials. Such documents may be official catalog 
descriptions, course syllabi, reading lists, term papers, theses and 
written research. 

(c) A current copy of an applicant's certification by the 
Employee Assistance Certification Commission, as an employee 
assistance professional, shall be submitted with the application. 

History Note: Authority G.S. 90-503: 
Temporary' A doption Eff May 5j_ 1998. 

.0106 REVIEW OF APPLICATIONS 

(a) Tlie Board skill rc\ie\\ each completed initial application 
for licensure and issue a license to an applicant who meets the 
requirements for licensure. 

(b) The Board shall review each completed application for 



12:21 



NORTH CAROLINA REGISTER 



Max 1, 199H 



1884 



TEMPORAR Y R ULES 



rene\\al of licensure and issue a renewal license to an applicant 
who meets the requirements for renewal 

(c) Upon application for an initial or rene\\al license, the 
Board shall ensure that each applicant agrees, in writing, to 
comply with the Employee .-^sistance Certification Commission 
Code of Professional Conduct and the Employee Assistance 
Professional Association Code of Ethics. 

History- Sole: Authority G.S. 90-505: 
Temporarx' Adoption Eff. May X_ 1998. 

.0107 NOTICE OF DENIAL OF INITLAL OR 
RENEWAL .APPLIC.\TION 

(a) The Board shall notify- each applicant, in writing, of the 
reason for w hich an application for initial licensure or renewal 
of licensure was denied. 

(b) The applicant shall have the right to file a petition for a 
contested case hearing in accordance with G,S. 150B. .Article 3. 

History Xote: Authority G.S. 90-505; 15 OB, Article 3; 
Temporary' Adoption Eff. May X_ 1998. 

.0108 DISCIPLINARY ACTION/HEAFUNG 

(a) The Board shall impose reasonable discipline for conduct 
it finds in violation of G.S. 90-509. only after conducting a 
heanng in accordance with G.S. 150B. .Article 3. 

(b) Board disciplinan' action may include; 

(1) admonishment: a serious warning for mild 
misconduct; 

(2) reprimand; a public rebuke and sanction for 
misconduct, which may require follow-up actions by 
the licensee; 

(3) suspension; withdrawal of the pn\ilege of using the 
title of Licensed Employee Assistance Professional 
dunng the time frame specified by the Board; and 

(4) re\ocation; permanent withdrawal of the priMlege of 
using the title of Licensed Employee Assistance 
Professional. .A Licensed Employee Assistance 
Professional whose license is re\oked by the Board 
must surrender the license certificate to the Board; 

(c) Any disciplinan. action may be suspended for a 
reasonable penod not to exceed one year upon such terms and 
conditions as the Board deems appropnate. if in the sole 
discretion of the Board, it is in the best public interest to do so. 

(d) The Board deems disciplinary action to be those terms 
stated. 

(e) Notification of final disciplinary action shall be made to 
the Employee Assistance Professionals Association and the 
Employee Assistance Certification Comimssion, within 30 days 
of the final action taken by the Board. 

History Xote: Authority G.S. 90-506; 150B, Article 3; 



Temporary Adoption Eff. May X_ 1998. 



.0109 



CURRICULA AND MLMMUM STANDARDS 
FOR TILAINING 

The Board shall adopt and incorporate by reference the 
minimum continuing education requirements of the Employee 
Assistance Certification Commission. This referenced matenal 
shall include any subsequent editions and amendments. It ma>- 
be obtained from the EACC/Certification Deparlment'E.APA. 
2101 Wilson Blvd.. Suite 500. Arimgton, Virginia 22201-3022. 
Cost of the documents \an". 

History .Xote: Authority G.S. 90-500: 
Temporarx' Adoption Eff .May X_ 1998. 

.0110 ETHICAL STANDARDS 

(a) The Board shall adopt and incorporate b> reference the 
Code of Professional Conduct for Certified Employee 
Assistance Professionals. Fourth Edition. This referenced 
matenal shall include an\- editions and amendments promulgated 
by the Employee Assistance Certification Commission. 

(b) The Board shall also adopt and incorporates by reference 
the Employee .Assistance Professionals .Association Code of 
Ethics. This referenced matenal shall include any subsequent 
editions and amendments. It may be obtained at no cost from the 
EACC/Cenification Department/EAPA. 2101 Wilson Blvd.. 
Smte 500. Arlington. Virginia 22201-3022. 

History .Vote: Authority G.S. 90-500: 
Temporar\- Adoption Eff May X_ 1998. 

.0111 FEES 

(a) Upon submission of an application for initial licensure, a 
fee of one himdred dollars ($100.00) shall be paid to the Board. 

(b) A fee of sevenn-five dollars ($75.00) shall be paid to the 
Board for renewal of license. 

(c) Neither an initial or a renewal application shall be 
considered complete until the required fee is paid. 

History Xote: Authority G.S. 90-503; 
Temporan.' Adoption Eff May 5j_ 1998. 

.0112 PENALTIES 

In accordance with G.S. 90-506 and 90-509, when requested, 
the Board shall rcMew its assessment of a cImI penalty against 
an indi\'idual in a contested case heanng as set forth in G.S. 
150B. Article 3. 

History Xote: Authority G.S. 90-506; 90-509; 150B. Article 

3; 

Temporary Adoption Eff May 5, 1998. 



1885 



NORTH CAROLINA REGISTER 



Mav 1, 1998 



12:21 



APPROVED RULES 



This Section includes the Register Notice citation to Rules approved by the Rules Review Commission (RRC) at its meeting 
of Jaimgrv 15^ 1998 pursuant to G.S. 150B-2I. 17(a)(1) and reported to the Joint Legislative Administrative Procedure 
Ch'ersight Committee pursuant to G.S. 150B-21. 16. The full text of rules are published below when the rules have been 
approved bv RRC in a form different from that originally noticed in the Register or when no notice was required to be 
published in the Register. The rules published in full text are identified by an * in the listing of approved rules. Statutory 
Reference: G.S 150B-21.17. 

These rules unless otherwise noted, will become effective on the 31st legislative day of the 1998 Short Session of the General 
Assemblv or a later date if specified by the agency unless a bill is introduced before the 31st legislative day that specificallv 
disapproves the rule. If a hill to disapprove a rule is not ratified, the rule will become effective either on the day the bill 
receives an unfax'orahle final action or the day the General Assembly adjourns. Statutory reference: G.S. 1 503-21 .3. 



APPROVED RULE CITATION 



REGISTER CITATION TO THE 
NOTICE OF TEXT 



10 


NCAC 


OIB 


.0501* 




12:09 NCR 747 




10 


NCAC 


03D 


.0801* 




12:05 NCR 339 




10 


NCAC 


03D 


.0802 - .0803 




12:05 NCR 340 




10 


NCAC 


03D 


.0805*Amended Eff. 2 


-1-98 


not required, G.S 


150B-21. 5(a)(2) 


10 


NCAC 


03D 


.0806 




12:05 NCR 340 




10 


NCAC 


03D 


.0901 -.0902 




12:05 NCR 340 




10 


NCAC 


03D 


.0904* 




12:05 NCR 340 




10 


NCAC 


03D 


.0905 




12:05 NCR 340 




10 


NCAC 


03D 


.0907 - .0909 




12:05 NCR 341 




10 


NCAC 


03 D 


.0911 




12:05 NCR 341 




10 


NCAC 


03D 


.0913* 




12:05 NCR 341 




10 


NCAC 


03 D 


.0917 -.0924 




12:05 NCR 341 




10 


NCAC 


03D 


.0926 




12:05 NCR 342 




10 


NCAC 


03D 


.1001* 




12:05 NCR 342 




10 


NCAC 


03D 


.1002 




12:05 NCR 346 




10 


NCAC 


03D 


.1003 




12:05 NCR 346 




10 


NCAC 


03D 


.1004 




12:05 NCR 347 




10 


NCAC 


03D 


.1103* 




12:05 NCR 347 




10 


NCAC 


03D 


.1204 -.1206 




12:05 NCR 348 




10 


NCAC 


03M 


.0105 




12:06 NCR 459 




10 


NCAC 


03M 


.0205 




12:06 NCR 459 




10 


NCAC 


26H 


.0213* 




12:07 NCR 511 




12 


NCAC 


lOB 


.01 09* Amended Eff. 2- 


1-98 


not required. G.S. 


150B-21. 5(a)(2) 


12 


NCAC 


lOB 


.0403*AmendedEff. 2- 


1-98 


not required. G.S. 


150B-21. 5(a)(2) 


12 


NCAC 


lOB 


.0505*Amended Eff. 2- 


1-98 


not required. G.S. 


150B-21. 5(a)(2) 


12 


NCAC 


lOB 


.0601 - .0603*Amended Eff. 2-1-98 


not required. G.S. 


150B-21. 5(a)(2) 


12 


NCAC 


lOB 


.0701* Amended Eff. 2- 


1-98 


not required. G.S. 


150B-2 1.5(a)(2) 


12 


NCAC 


lOB 


.1001 -.1002* Amended Eff. 2-1-98 


not required, G.S. 


150B-21. 5(a)(2) 


12 


NCAC 


lOB 


.1101 -.1102*AmendedEff. 2-1-98 


not required. G.S. 


150B-21. 5(a)(2) 


12 


NCAC 


lOB 


.1201 - .1202*AmendedEff. 2-1-98 


not required. G.S. 


150B-21. 5(a)(2) 


12 


NCAC 


lOB 


.2001* Amended Eff. 2-1-98 


not required. G.S. 


150B-2 1.5(a)(2) 


15A 


NCAC 


02B 


.0202* 




12:06 NCR 462 




15A 


NCAC 


02B 


.0236* 




12:06 NCR 473 




15A 


NCAC 


02B 


.0240* 




12:06 NCR 479 




15A 


NCAC 


02B 


.0304* 




12:01 NCR 8 




15A 


NCAC 


02B 


.0306 - .0309* 




12:01 NCR 10 




15A 


NCAC 


02B 


.0311* 




12:01 NCR 14 




15A 


NCAC 


02B 


.0316 -.0317* 




12:01 NCR 16 




15A 


NCAC 


02D 


.0101 




12:04 NCR 270 




15A 


NCAC 


02D 


.0104 -.0105 




12:04 NCR 272 




15A 


NCAC 


02D 


.0202 




12:04 NCR 273 




15A 


NCAC 


()2D 


.0302* 




12:04 NCR 273 




12:21 




NORTH CAROLINA REGISTER May 1, 1998 




1886 



APPROVED RULES 



15A 


NCAC 


02D 


0531 


15A 


NCAC 


02D 


0953* 


15A 


NCAC 


02D 


1107 


15A 


NCAC 


02D 


1204 


15 A 


NCAC 


()2D 


1206 


15A 


NCAC 


()2D 


1305 


15A 


NCAC 


()2D 


1503 


15 A 


NCAC 


02D 


1603 


15A 


NCAC 


()2D 


1701 -.1707 


15 A 


NCAC 


()2D 


1708 -.1709* 


15A 


NCAC 


02 D 


1710 


15A 


NCAC 


02D 


1902* 


15 A 


NCAC 


02D 


1903 


15A 


NCAC 


()2Q 


0103 


15A 


NCAC 


02Q 


0108 


15 A 


NCAC 


02Q 


0207 


15A 


NCAC 


02Q 


0307 


15A 


NCAC 


02Q 


0521 


15A 


NCAC 


02Q 


0805 - .0807 


15A 


NCAC 


031 


0101 


15A 


NCAC 


03J 


0103 -.0104 


15A 


NCAC 


03 J 


0208 


15A 


NCAC 


03J 


0301 


15A 


NCAC 


03 M 


0503* 


15A 


NCAC 


03M 


0506 


15A 


NCAC 


03O 


0211* 


15A 


NCAC 


07H 


1104* 


15A 


NCAC 


07H 


1304* 


15A 


NCAC 


07H 


1404* 


15A 


NCAC 


07H 


1504* 


15A 


NCAC 


07H 


1704* 


15A 


NCAC 


07H 


1804* 


15A 


NCAC 


07H 


1904* 


15A 


NCAC 


07H 


2004* 


15A 


NCAC 


07H 


2104* 


15A 


NCAC 


lOF 


0311 


15A 


NCAC 


lOF 


0333* 


15A 


NCAC 


lOF 


0360 


15A 


NCAC 


11 


0104 


15A 


NCAC 


11 


0117 


15A 


NCAC 


11 


0301 


15A 


NCAC 


11 


0339* 


15A 


NCAC 


11 


0340 


15A 


NCAC 


11 


0353 


15A 


NCAC 


11 


0358 


15A 


NCAC 


11 


0401 -.0428 


15A 


NCAC 


11 


1601 


15A 


NCAC 


11 


1603* 


15 A 


NCAC 


11 


1611 


15A 


NCAC 


11 


1620 


15 A 


NCAC 


11 


1647 


15A 


NCAC 


18A 


2305* 


15A 


NCAC 


18A 


2307 


15A 


NCAC 


18A 


2310 


15A 


NCAC 


ISA 


2601* 


15A 


NCAC 


ISA 


2602 


15A 


NCAC 


ISA 


2603 - .2604* 


15A 


NCAC 


ISA 


2605 



12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
11 
11 
11 
11 
11 
11 
11 
11 
11 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 



NCR 274 
NCR 276 
NCR 278 
NCR 278 
NCR 279 
NCR 280 
NCR 280 
NCR 281 
NCR 281 
NCR 283 
NCR 284 
NCR 284 
NCR 285 
NCR 286 
NCR 288 
NCR 288 
NCR 289 
NCR 289 
NCR 290 
NCR 419 
NCR 423 
NCR 424 
NCR 425 
NCR 43 1 
NCR 425 
NCR 426 
NCR 917 
NCR 920 
NCR 920 
NCR 920 
NCR 921 
NCR 921 
NCR 922 
NCR 922 
NCR 923 
NCR 517 
NCR 517 
NCR 517 
NCR 749 
NCR 758 
NCR 759 
NCR 759 
NCR 762 
NCR 762 
NCR 763 
NCR 764 
NCR 793 
NCR 793 
NCR 793 
NCR 794 
NCR 795 
NCR 521 
NCR 522 
NCR 523 
NCR 697 
NCR 698 
NCR 699 
NCR 699 



1887 



NORTH CAROLINA REGISTER 



Mav 1, 1998 



12:21 



APPROVTD RULES 



15A 


NCAC 


18A 


.2606 - 


.2610* 


15A 


NCAC 


18A 


.2612* 




15A 


NCAC 


18A 


.2613 - 


.2616 


15A 


NCAC 


18A 


.2617- 


.2618* 


15A 


NCAC 


18A 


.2620 




15A 


NCAC 


18A 


.2621* 




15A 


NCAC 


18A 


.2622 




15A 


NCAC 


18A 


.2623* 




15A 


NCAC 


18A 


.2624 




15A 


NCAC 


18A 


.2626 




15A 


NCAC 


18A 


.2627 - 


.2628* 


15A 


NCAC 


18A 


.2630 




15A 


NCAC 


18A 


.2632 - 


.2633* 


15A 


NCAC 


18A 


.2638* 




15A 


NCAC 


18A 


.2643* 




21 


NCAC 


64 


.0209 




21 


NCAC 


64 


.1001 




21 


NCAC 


64 


.1002* 




21 


NCAC 


64 


.1003 




21 


NCAC 


64 


.1004- 


.1005* 


23 


NCAC 


02C 


.0108 




23 


NCAC 


02C 


.0202 




23 


NCAC 


02C 


.0207 




23 


NCAC 


02C 


.0305 




23 


NCAC 


02C 


.0604 




23 


NCAC 


02C 


.0701 




23 


NCAC 


02D 


.0103 




23 


NCAC 


02D 


.0201 - 


.0203* 


23 


NCAC 


02D 


.0323 - 


.0324 


23 


NCAC 


02E 


.0101 - 


.0102 


23 


NCAC 


02E 


.0201 




23 


NCAC 


02E 


.0203 




23 


NCAC 


02E 


.0204* 




23 


NCAC 


02E 


.0205* 




23 


NCAC 


02E 


.0501 




23 


NCAC 


02E 


.0604 




TITLE 10 


- DEPARTMENT OF HI 


:alth 



12:08 NCR 700 
12:08 NCR 702 
12:08 NCR 703 
12:08 NCR 704 
12:08 NCR 705 

12:08 NCR 706 
12:08 NCR 706 
12:08 NCR 706 
12:08 NCR 706 
12:08 NCR 707 
12:08 NCR 707 
12:08 NCR 707 
12:08 NCR 708 
12:08 NCR 708 
12:08 NCR 709 
12:05 NCR 427 
12:05 NCR 427 
12:05 NCR 427 
12:05 NCR 427 
12:05 NCR 427 
12:09 NCR 803 
12:09 NCR 803 
12:09 NCR 804 
12:09 NCR 804 
12:09 NCR 805 
12:09 NCR 805 
12:09 NCR 806 
12:09 NCR 806 
12:09 NCR 810 
12:09 NCR 815 
12:09 NCR 818 
12:09 NCR 818 
12:09 NCR 818 
12:09 NCR 825 
12:09 NCR 826 
12:09 NCR 826 



HUMAN SERVICES 



CHAPTER 1 - DEPARTMENTAL RULES 



SUBCHAPTER IB - PROCEDURE 



SECTION .0500 - REIMBURSEMENT 



.0501 



RATE SETTING METHODS FOR FACILITIES 
THAT SERVE STATE/COUNTY SPECIAL 
ASSISTANCE RESIDENTS 

(a) A rate for facilities which ser\e State/Count> Special 
Assistance residents shall be re\ie\ved annually, and pending 
appro\al of the Legislature, shall be effective for dates of sen ice 
for a 12 month period beginning each October 1 Rates are 
derned from submission of cost reports for the most recent 12 
month period The maximum rate shall be de\eloped by ranking 
prior year per diem cost from the lowest to the highest in two 



separate arrays, one for direct cost and one for indirect cost. The 
per diem cost at the 75% percentile shall be used for the direct 
rate and the 60% percentile shall be used for the indirect rate. 
The maximum rate determined by this method may be adjusted 
as necessary to comply with federal or state laws or policies. 

(b) The rate calculated in Paragraph (a) of this Rule shall 
include an armual adjustment to reflect increases or decreases in 
prices that are expected to occur from the cost report period on 
which the rates are de\eloped to the year in which the rate 
applies. The price level adjustment factors shall be computed 
using aggregate base year cost in the following manner: 

(1) Cost shall be accumulated into the following groups: 

(A) labor. 

(B) fixed. 

(C) other. 

(2) The relatne weight of each cost group shall be 
calculated to the second decimal point by di\iding the 
total cost of each group (labor, fi.xed, and other) by 
the total cost. 



12:21 



NORTH CAROLINA REGISTER 



May 1, 199H 



1888 



APPROl'ED RULES 



(3) Price adjustment factors for each cost group shall be 
established as follows; 

(A) Labor. The percentage change for labor costs 
shall be based on the projected average hourh' 
wage of North Carolina ser%ice workers as 
provided by llie North Carolina Office of State 
Budget and Management. 

(B) Fixed. No adjustment shall be made for this 
categon. thus making the factor zero. 

(C) Other. The expected annual change in the 
implicit price deflator for the Gross National 
Product as pro\ided by the OSBM. 

(D) The weights computed in Subparagraph {t>K2) 
of this Rule shall be multiplied by the 
percentage change computed in Parts 
(b))(3)(A). (B) and (C) of this Rule. 

(E) The sum computed for each categor.' in Part 
(t>)(3)(D) of this Rule shall be the price level 
adjustment factor for the coming fiscal year. 

History \ote: Authority G.S. 1310-4. 2(h): 143B-10: 
Eff. August I. 199H. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3D - RULES AND REGULATIONS 

GOVERNING AMBULANCE SERVICE AND 

TRAUMA SYSTEMS 

SECTION .0800 - DEFINITIONS 

.0801 AMBULANCE AND BASIC LIFE SUPPORT 
(BLS) PROFESSIONAL 

(a) Defimtions used in this Subchapter w ill be in accordance 
with those found in G.S. 131E-155 incorporated by reference 
including subsequent amendments and as follow. 

(b) An ambulance must have a permit issued by the 
Department of Health and Human Ser\ices. Division of Facility 
Ser\ices. Office of Emergency Medical Services in one of the 
following categones: 

(1) "Category- I .Ambulance" means an emergency 
ambulance used to transport patients with emergency 
traimtatic or medical conditions or patients for w hich 
the need for emergency medical care is anticipated 
either at the scene of the emergency or enroute to a 
medical facility. Categon I ambulances may be used 
to transport all t}"pes of patients. 

(2) "Categon- 11 Ambulance" means an ambulance used 
solely to transport sick or infirm patients, having a 
known, non-emergency medical condition, on a 
scheduled basis between facilities or between a 
residence and a facilm . Categon- II ambulances must 
not be used to transport patients defined under any 
other categor\- of ambulance. 

(3) "Categon 111 Ambulance" means an emergency 
ambulance specifically designed and equipped to 
transfer cntically ill patients from one medical facility- 
to another or as ground support to a permitted air 



ambulance program. The patient care compartment of 
Categor> III ambulances must be staffed by 
appropnately certified or licensed personnel appro\ed 
for the mission by the program medical director. 
Categon.- Ill ambulances must be utilized as part of an 
orgamzed cntical care transport program and ma> not 
be used in place of any other categon- of ambulance 
defined in this Subchapter. 

(4) "Category IV Ambulance" means an ambulance 
specifically designed and equipped to transport 
patients by air. The patient care compartment of 
Category- IV ambulances must be staffed by 
appropriately certified or hcensed personnel appro\ed 
for the mission by the program medical director. 
Categoi^' IV ambulances must be operated as either: 

(A) Part of an appro-^ed mobile intensne care 
program and must comply with the criteria as 
outlined in 21 NCAC 32H; or 

(B) Part of an air ambulance program which 
complies \\-ith 21 NCAC 32H .1004. 

(5) "Category V Ambulance" means a watercraft 
specifically designed and equipped to routinely 
transport patients. 

(c) The term "Basic Life Support (BLS) professional" means 
a certified medical responder or emergency medical technician. 

History Sote: Authority G.S. 131E-157(a): 143-508: 
Eff. January 1. 1990: 
Amended Eff. August 1, 1998. 

.0805 OFFICE OF EMERGENCY MEDICAL 
SERVICES 

The term "Office of Emergency Medical Senices" means a 
section of the Dixision of Facility Senices of the North Carolina 
Department of Health and Human Senices located at 701 
Barbour Dnve. Raleigh. North Carolina 27603. 

History Xote: Authority G.S. 131E-157(a): 131E-159(b): 
Eff. December 1. 1989: 
Amended Eff. Februar\- L 1998. 

SECTION .0900 - VEHICLES 

.0904 VEHICLE BODY 

The ambulance shall not have structural or fimctional defects 
which may ad\ ersely affect the patient, the technicians, or the 
safe operation of the vehicle. 

History Xote: Authority G.S. 131E-157(a): 
Eff December 1. 1989: 
Amended Eff August l_ 1998. 

.0913 PERMIT 

(a) The ambulance permit must include the following 
informafion: 

( 1 ) vehicle identification number; 

(2) permit number; 

(3 ) ambulance provider identification number; 



1889 



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May ], 1998 



12:21 



APPROVED RULES 



(4) identification of inspector; and 

(5) expiration date. 

(b) No person shall display or cause to be displayed or permit 
to be displayed or to knowingly possess, transfer, remove, 
imitate, or reproduce an ambulance permit, except by direction 
of the Office of Emergency Medical Services. 

(c) An ambulance shall be pennitted in only one category. 

(d) Any vehicle permitted as a Category 1 Ambulance must 
contain all equipment required in 10 NCAC 3D . 100 1 (a), . 1002, 
.1003(a), and .1 103 of this Subchapter. 

(e) Any vehicle permitted as a Category 1 Ambulance which 
operates as a Mobile Intensive Care Unit as defined in 10 NCAC 
3M .0102, .0103, or .0107 must contain all equipment required 
in 10 NCAC 3M .0202, .0203, or .0207. 

(f) Any vehicle permitted as a Category V Ambulance must 
contain all equipment required in Rules .1001(h), and . 1003(e) 
of this Subchapter. 

(g) Any vehicle permitted as a Categor\' V Ambulance which 
operates as a Mobile Intensive Care Unit as defined in 10 NCAC 
3M .0102, .0103, or .0107 must contain all equipment required 
in 10 NCAC 3M .0202, .0203. or .0207. 

(h) Each licensed ambulance provider planning to operate 
permitted ambulances at an ALS level must first meet the 
minimum permitting requirements for BLS operation. The 
licensed ambulance provider must provide for inspection the 
number of ALS equipment/supplies/medications packages in 
accordance with the appro\ed protocols for that provider The 
licensed ambulance provider shall not, except in a disaster 
operate more permitted ambulances at an ALS level than the 
approved number of ALS packages. 

History Note: Authority G.S. 131E-I57(a); 143-508; 

Eff. December I, 1989; 

Amended Eff. August 1, 1998; August 1. 1994. 

SECTION .1000 - AMBULANCE EQUIPMENT 

.1001 MEDICAL AND RELATED EQUIPMENT 

(a) Except as allowed by .0913(e) and (h) of these Rules, 
category 1 ambulances for which permits are issued shall contain 
at least the following operational and functional equipment 
exclusive of personal equipment carried by emergency medical 
technicians and medical responders: 

( 1 ) One portable aspirator capable of a minimum vacuum 
of 300 millimeters of mercury and a minimum air 
flow rate of 16 liters per minute with rapid drawdown 
time. A minimum of three, single use, non-opaque, 
one piece, rigid suction instruments or appropriate 
replacement containers for manually operated de\ ices 
and a suction rinsmg water bottle must be supplied 
with either unit; 

(2) One each portable squeeze bag ventilation unit (bag 
and mask) in aduh, child, and infant sizes with 
transparent face mask capable of operation do\\ n to 
zero degrees falirenheit and an attachment for oxygen 
hookup. A minimum of one transparent, flexible, 
disposable o.xygen supply tube must be supplied with 
each unit; 



(3) Six nonmetallic, oropharyngeal airways sanitarily 
stored together in separate sizes ranging from 55 
millimeters through 115 millimeters; 

(4) One portable oxygen unit consisting of the following 
components: 360 liter (D size) or larger oxygen 
cylinder; yoke regulator with cylinder contents gauge 
(2000 pounds per square inch) and gravity or non- 
gravit>' dependent flow gauge (0-12 liters per minute 
minimum); a minimum of three transparent, nasal 
caiuiulas in adult and child sizes; and a minimum of 
three each, adult and child, disposable, transparent, 
o.xygen masks with delivery tubes and headband. A 
ftill spare cylinder (D size) or larger of oxygen for this 
unit shall be fiimished and stored on the ambulance 
vehicle; 

(5) Two small, two medium, and two large size adult 
extrication collars and two pediatric size extrication 
collars; 

(6) One rigid short backboard. The minimum size must 
be 14 inches wide by 32 inches long. A stabilization 
device which is of the design to allow horizontal 
flexibility and vertical rigidity, equipped with chest 
and leg straps and accessories for stabilization of the 
head and neck may be substituted for the rigid short 
backboard; 

(7) Two rigid long backboards a minimum of 16 inches 
wide by 72 inches long with two straps each for 
patient stabilization and other accessories for 
stabilization of the head and neck; 

(8) Two each rigid padded board splints in the following 
sizes; 3 inches wide by 1 5 inches long, 3 inches wide 
by 3 feet long, and 3 inches wide by 4-1/2 feet long. 
Other splints, in kit form, of inflatable design or rigid 
laminated and high density polyurethane foam 
construction are acceptable. A kit must contain at 
least two full leg and two full arm splints; 

(9) One child and one adult size lower extremity traction 
splint with appropriate attachments; 

(10) Twelve 4 inch b>' 4 inch sterile gauze pads 
individually packaged; 

(11) Six sterile 5 inch by 9 inch or larger absorbent 
dressings individually wrapped; 

(12) Twelve rolls of roller gauze; 

(13) Four rolls of adhesive tape; 

(14) Two stenle nonadhering. nonporous dressings for an 
open chest wound. Minimum size shall be 3 inches 
by 8 inches; 

(15) Six triangular bandages; 

(16) One pair of bandage shears; 

(17) Two burn sheets, minimum size of 40 inches by 72 
inches; 

(18) A total of 1000 cubic centimeters of sterile irrigating 
solution in plastic containers in addition to the fluids 
carried for intravenous use; 

(19) One emesis basin, or scalable emesis container; 

(20) One obstetrical kit containing gloves, scissors or 
surgical blades, umbilical cord clamps or tapes, 
dressings, towels, perinatal pad. a bulb s>ringe. and a 



12:21 



NORTH CAROLINA REGLSTER 



May 1, 1998 



1890 



APPROVED RULES 



recen'ing blaaket; 

(21) One each small, regular and large size aneroid or 
electronic blood pressure cuff and adult and pediatric 
stethoscopes. One stethoscope with adult and 
pediatnc attachments is acceptable; 

(22) One body bag; 

(23) One four wheeled, elevating cot with a mattress pad 
with a nonporous cover. The cot must be equipped 
with restraimng straps (chest and thigh area). A crash 
stable fastener installed per the cot manufacturer's 
instructions and compatible with the model cot 
furnished must secure the specified cot to the floor or 
side wall; 

(24) Two sets of clean cot linen constructed of washable or 
disposable material in addition to a set on the cot (a 
set equals two sheets and one pillowcase); 

(25) Two pillows covered with a nonporous matenal; 

(26) Two blankets constracted of washable material; and 

(27) One cluld restraint de\ice to safely transport pediatnc 
patients in tlie patient compartment of the ambulance. 

(b) Categon- II ambulances for which permits are issued shall 
contain at least the following operational and ftinctional 
equipment exclusi\e of personal equipment earned b\ personnel: 

( 1 ) One portable aspirator capable of a minimum \acuum 
of 300 millimeters of mercun.' and a minimum air 
flow rate of 16 liters per minute with rapid draudow n 
time. A minimum of three, single use, non-opaque, 
one piece, ngid suction instruments or appropriate 
replacement collection containers for manually 
operated devices and a suction rinsing water bottle 
must be supplied with either unit; 

(2) One each ponable squeeze bag \entilation umt (Tjag 
and mask) in adult, child, and infant sizes with 
transparent face mask capable of operation down to 
zero degrees fahrenheit and an attachment for ox) gen 
hookup. A minimum of one transparent, flexible, 
disposable ox\gen supply tube must be supplied with 
each unit; 

(3) Six nonmetallic. oropharyngeal airways samtanly 
stored together m separate sizes ranging from 55 
millimeters through 115 millimeters; 

(4) One portable o.xTgen unit consisting of the following 
components: 360 liter (D size) or larger oxygen 
cylinder; }oke regulator with cylinder contents gauge 
(2000 pounds per square inch) and gra\ity or 
non-gravm- dependent flow gauge (0-12 liters per 
minute); a minimum of three transparent, nasal 
cannulas in adult and child sizes; and a minimum of 
three each, adult and child, disposable, transparent, 
oxygen masks with delnen' tubes and headband. A 
full spare c>linder (D size) or larger of oxTgen for this 
unit shall be furnished and stored on the ambulance 
vehicle; 

(5) Six 4 inch b>- 4 inch sterile gauze pads individually 
packaged; 

(6) Three sterile 5 inch by 9 inch absorbent dressings 
individually wrapped; 

(7) Six rolls of roller gauze; 



(8 ) Two rolls of adhesive tape; 

(9) One pair of bandage shears; 

(10) One emesis basin, or scalable emesis container; 

(11) One each small, regular and large size aneroid or 
electronic blood pressure cuff and adult and pediatnc 
stethoscopes. One stethoscope with adult and 
pediatnc attachments is acceptable; 

(12) One four wheeled, elevating cot with a mattress pad 
with a nonporous cover. The cot must be equipped 
with restraimng straps (chest and thigh area). A crash 
stable fastener installed per the cot manufacturer's 
instnictions and compatible with the model cot 
ftimished must secure the specified cot to the floor or 
side wall; 

(13) T\\o sets of clean cot linen constructed of washable or 
disposable material in addition to a set on the cot (a 
set equals two sheets and one pillowcase); 

(14) Two pillows co\ered with a nonporous material; 

(15) Two blankets constructed of washable material; and 

(16) A firm board of mimmum size 14 inches by 32 inches 
to support the back during manual heart 
compressions. 

(c) Categon' 111 ambulances for which permits are issued 
must ha\e the following operational and functional medical 
equipment a\ailable to be loaded within five minutes on the 
\'ehicle: 

( 1 ) One portable aspirator capable of a minimum \acuum 
of 300 millimeters of mercun- and a minimum air 
flow rate of 16 liters per nunute with rapid drawdown 
time. A minimum of three, single use. non-opaque, , 
one piece, rigid suction instruments or appropriate f 
collection containers for manually operated devices 
and a suction rinsing water bottle must be supplied 
with either unit; 

(2) One each portable squeeze bag \entilation unit (bag 
and mask) in adult, child, and infant sizes with 
transparent face mask capable of operation down to 
zero degrees fahrenheit and an attachment for o.xvgen 
hookup. A minimum of one transparent, flexible, 
disposable oxygen supply tube must be supplied with 
each unit; 

(3) Six nonmetallic, orophanngeal ainvays sanitarily 
stored together in separate sizes ranging from 55 
millimeters through 115 millimeters; 

(4) One portable oxTgen unit consisting of the following 
components: 360 liter (D size) or larger oxygen 
cylinder; yoke regulator with cylinder contents gauge 
(2000 poimds per square inch) and gravity or 
non-gravity dependent flow gauge (0-12 liters per 
minute); a minimum of three transparent, nasal 
cannulas m adult and child sizes; and a minimum of 
three each, adult and child, disposable, transparent, 
oxygen masks with delnen- tubes and headband. A 
full spare cylinder (D size) or larger of oxvgen for this 
umt shall be furnished and stored on the ambulance 
vehicle; 

(5) Twelve 4 inch by 4 inch stenle gauze pads 
individually packaged; 



1891 



NORTH CAROLINA REGISTER 



Mav 1, 1998 



12:21 



APPROVED RULES 



) 



• 



(7) 

(8) 

(9) 

(10) 

(11) 
(12) 



(13) 



(14) 



(15) 



\ 



(6) Six sterile 5 inch by 9 inch absorbent dressings 
individually wrapped; 
Six rolls of roller gauze; 
Two rolls of adhesive tape; 
One pair of bandage shears; 
One emesis basin, or scalable emesis container; 
Two bum sheets, minimum size of 40 inches by 72 
inches; 

A total of 1000 cubic centimeters of sterile irrigating 
solution in plastic containers in addition to the fluids 
carried for intravenous use; 

One obstetrical kit containing gloves, scissors or 
surgical blades, umbilical cord clamps or tapes, 
dressings, towels, perinatal pad, a bulb syringe, and a 
receiving blanket; 

One each small, regular and large size aneroid or 
electronic blood pressure cuff and adult and pediatric 
stethoscopes. One stethoscope with adult and 
pediatric attachments is acceptable; 
One four wheeled, elevating cot with a mattress pad 
with a nonporous cover. The cot must be equipped 
with restraining straps (chest and thigh area). A crash 
stable fastener installed per the cot manufacturer's 
instructions and compatible with the model cot 
furnished must secure the specified cot to the floor or 
side wall. A self contained transport incubator with 
stand and capable of being secured in the ambulance 
may be substituted; 

Two sets of clean cot hnen constructed of washable or 
disposable material in addition to a set on the cot (a 
set equals two sheets and one pillowcase); 
Two blankets constructed of washable material; and 
A firm board of minimum size 14 inches by 32 inches 
to support the back dunng manual heart 
compressions, 
(d) Categorv' IV ambulances for which permits are issued 

must have the following medical equipment available to be 

loaded within fne minutes on the aircraft: 

(1) One vehicular mounted and one portable aspirator 
with rapid drawdown time capable of providing a 
minimum vacuum of 300 millimeters of mercury and 
a minimum air flow rate of 16 liters per minute up to 
the maximum operating ahitude of the aircraft. A 
minimum of three, single use, non-opaque, one piece, 
rigid suction instruments or appropriate collection 
containers for manually operated devices and a 
suction rinsing water bottle must be supplied with 
either unit; 

(2) One each portable squeeze bag ventilation unit (bag 
and mask) in adult, child, and infant sizes with 
transparent face mask capable of operation down to 
zero degrees fahrenheit and an attachment for ox> gen 
hookup. A minimum of one transparent, disposable 
oxygen supply tube must be supplied with each unit; 

(3) Six nonmetallic, oropharvngeal airways sanitarily 
stored together in separate sizes ranging from 55 
millimeters through 115 millimeters; 

(4) Oxygen unit containing a quantity of oxygen 



(16) 



(17) 
(18) 



sufficient to supply an appropriate flow rate for the 
period of time it is anticipated oxygen will be needed, 
but not less than ten liters per minute for 30 minutes. 
The oxygen shall be carried in two separate 
containers, one of which must be portable. The 
portable o.xvgen unit shall have a yoke regulator with 
cylinder contents gauge, flow gauge, and DISS 
outlets; 

(5) Twelve 4 inch by 4 inch sterile gauze pads 
individually packaged; 

(6) Six sterile 5 inch by 9 inch absorbent dressings 
individually wrapped; 

(7) Twelve rolls of roller gauze; 

(8) Four rolls of adhesive tape; 

(9) Two sterile nonadhering, nonporous dressings for an 
open chest wound. Minimum size shall be 3 inches 
by 8 inches; 

(10) Six triangular bandages; 

(11) Two bum sheets, minimum size of 40 inches by 72 
inches; 

(12) A total of 1000 cubic centimeters of sterile irrigating 
solution in plastic containers in addition to the fluids 
carried for intravenous use; 

(13) One emesis basin, or scalable emesis container; 

(14) Two IV pressure bags; 

(15) An electronic means of measuring blood pressure 
while in flight; 

(16) One stethoscope and manual blood pressure cuff; 

(17) One ECG monitor/defibrillator/pacer; 

(18) One complete kit for endotracheal intubation; 

(19) One litter and attachment for securing the litter to the 
airframe inside the cabin of the aircraft. The litter 
must allow for elevation of the patient's head; 

(20) One blanket constmcted of washable material; and 

(21) Three IV hooks. 

(e) The medical director shall decide the combination of 
medical equipment specified in Paragraph (d) of this Rule that 
is carried on a mission based on what is in the best interest of 
patient care. 

(0 AH rotary wing aircraft permitted as a Category IV 
ambulance must have the following flight equipment operational 
in the aircraft: 

(1) Two 360 channel VHF aircraft frequency 
transceivers; 

(2) One VHF omnidirectional ranging (VOR) receiver; 

(3) Attitude indicators; 

(4) One nondirectional beacon (NDB) receiver; 

(5) One glide scope receiver; 

(6) One transponder with 4097 code. Mode C; 

(7) Turn and slip indicator in the absence of three attitude 
indicators; 

(8) Current FAA approved navigational aids and charts 
for the area of operations; 

(9) Radar altimeter; and 

(10) LORAN-C or Satellite Global Navigational s>stem. 

(g) Any fixed wing aircraft issued a permit as a Category IV 
ambulance must have a current "Instmment Flight Rules" 
certification. 



12:21 



NORTH CAROLINA REGISTER May 1, 1998 



1892 



APPROVED RULES 



(h) Category" V ambulances for which permits are issued shall 
contain at least the following operational and functional 
equipment exclusi\e of personal equipment earned b}' personnel; 

( 1 ) One portable aspirator capable of a minimum \'acuum 
of 300 millimeters of mercun- and a minimum air 
flow rate of 16 liters per minute with rapid drawdown 
time. A minimum of three, single use, non-opaque, 
one piece, rigid suction instruments or appropriate 
collection containers for manually operated deMces 
and a suction rinsing water bottle must be supplied 
with either unit; 

(2) One each portable squeeze bag ventilation unit (bag 
and mask) in adult, child, and infant sizes with 
transparent face mask capable of operation down to 
zero degrees fahrenheit and an attachment for oxTgen 
hookup. A minimum of one transparent, flexible, 
disposable oxygen supph' tube must be supplied with 
each unit; 

(3) Six nonmetallic. orophanngeal airways sanitarily 
stored together in separate sizes ranging from 55 
millimeters through 115 millimeters; 

(4) One portable oxTgen unit consisting of the following 
components: 360 liter (D size) or larger o.x>'gen 
cylinder, }"oke regulator with cylinder contents gauge 
(2000 pounds per square inch) and gravity" or 
non-gravit>- dependent flow gauge (0-12 liters per 
minute); a minimum of three transparent, nasal 
cannulas in adult and child sizes; and a minimum of 
three each, adult and child, disposable, transparent. 
ox}'gen masks with deli\ery tubes and headband. A 
full spare c>"linder (D size) or larger of ox-\-gen for this 
imit shall be furnished and stored on the ambulance 
vehicle; 

(5) Two small, two medium, and two large size adult 
extrication collars and two pediatric size e.xtrication 
collars; 

(6) One rigid short backboard. The minimum size must 
be 14 inches wide by 32 inches long. A stabilization 
device which is of the design to allow horizontal 
flexibility and vertical rigidity, equipped with chest 
and leg straps and accessones for stabilization of the 
head and neck may be substituted for the rigid short 
backboard; 

(7) Two floatable ngid long backboards a minimum of 16 
inches wide by 72 inches long with X\\o straps each 
for patient stabilization and other accessories for 
stabilization of the head and neck; 

(8) Two each ngid padded board splints in the following 
sizes; three inches wide by 15 inches long, three 
inches wide by three feet long, and three inches wide 
by four and one-half feet long. Other splints, in kit 
form, of inflatable design or rigid laminated and high 
densit}' poh"urethane foam construction are 
acceptable. A kit must contain at least two full leg 
and two full arm splints; 

(9) One child and one adult size lower extremit>- traction 
splint with appropriate attachments; 

(10) Twelve 4 inch by 4 inch sterile gauze pads 



(11) 

(12) 
(13) 
(14) 



(15) 
(16) 
(17) 

(18) 



(19) 
(20) 



(21) 



(22) 
(23) 



(24) 



mdi%idually packaged; 

Six sterile 5 inch by 9 inch or larger absorbent 

dressings indi\idually wrapped; 

Twehe rolls of roller gauze; 

Four rolls of adhesi^•e tape; 

Two sterile nonadhering, nonporous dressings for an 

open chest wound. Minimum size shall be three 

inches by eight inches; 

Six tnangular bandages: 

One pair of bandage shears: 

Two bum sheets, minimum size of 40 inches by 72 

inches; 

A total of 1000 cubic centimeters of sterile irrigating 

solution in plastic containers in addition to the fluids 

carried for intravenous use; 

One emesis basin, or scalable emesis container; 

One obstetrical kit containing gloves, scissors or 

surgical blades, umbilical cord clamps or tapes. 

dressings, towels, perinatal pad. a bulb syringe, and a 

recei\ing blanket; 

One each small, regular and large size aneroid or 

electromc blood pressure cuff and adult and pediatric 

stethoscopes. One stethoscope with adult and 

pediatric attachments is acceptable; 

One body bag; 

One additional floatable litter with patient restraining 

straps and capable of being secured to the watercraft; 

and 

Two blankets constructed of washable material. 



History Xote: Authority G.S. 131E-157(a): 

Eff. January 1, 1990; 

A mended Eff. August £. 1998: A ugust 1 , / 994. 

SECTION .1100 - COMMUNICATIONS 

.1103 EQUIPMENT 

(a) Each ambulance shall be equipped with a two-way radio 
capable of establishing radio communications from within the 
ambulance senice area of the county m which the ambulance is 
based to the count>' designated dispatch coordination center m 
that cotmty and to the emergency' department of the hospital(s) 
to which patients are routinely transported. The radio shall be 
licensed by the Federal Communications Commission (FCC). 

(b) For an ambulance permitted as a Category I ambulance as 
defined in Rule .0801(b)(1) or a Categon- III ambulance as 
defined m Rule .0801(b)(3) of this Subchapter, a radio telephone 
type device such as a cellular telephone shall not be the sole 
source of two way \-oice communication. 

(c) A communication instrument such as a cellular telephone 
capable of rapidly establishing two way voice communication 
mounted within the driver's compartment or patient treatment 
compartment used to summon emergenq.' assistance is 
acceptable as the sole communications de\ice for an ambulance 
that IS permitted as a Categon,- 11 ambulance, as defined in Rule 
.0801(h)(2) of this Subchapter. 

Histor\' Sote: Authonti' G.S. 13lE-157(a): 143-509(4); 



1893 



NORTH CAROLINA REGISTER 



May I, 1998 



12:21 



APPROVED RULES 



Eff. December 1. 1989; 
Amended Eff. August 1 , 1998. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26H - REIMBURSEMENT PLANS 

SECTION .0200 - HOSPITAL INPATIENT 
REIMBURSEMENT PLAN 

.0213 DISPROPORTIONATE SHARE HOSPITALS 

(a) Hospitals that serve a disproportionate share of 
low-income patients and have a Medicaid inpatient utilization 
rate of not less than one percent are eligible to receive rate 
adjustments. The cost report data and financial information that 
is required in order to qualify as a disproportionate share 
hospital effective April 1. 1991 is based on the fiscal year ending 
in 1989 for each hospital, as submitted to the Division of 
Medical Assistance on or before April 1, 1991. The cost report 
data and financial information to qualify as a disproportionate 
share hospital effective July 1 , 1991 is based on the fiscal year 
ending in 1990 for each hospital, as submitted to the Division of 
Medical Assistance on or before September 1, 1991. In 
subsequent years, qualifications effective July 1 of any particular 
year are based on each hospital's fiscal year ending in the 
preceding calendar year. The patient days, costs, revenues, or 
charges related to nursing facility services, swing-bed services, 
home health services, outpatient services, or any other service 
that IS not a hospital inpadent service shall not be used to qualify 
for disproportionate share status. A hospital is deemed to be a 
disproportionate share hospital if; 

( 1 ) The hospital has at least two obstetricians with staff 
privileges at the hospital who have agreed to pro\ ide 
obstetric services to individuals eligible for Medicaid. 
In the case of a hospital located in a rural area, the 
term obstetrician includes any physician with staff 
privileges at the hospital to perform non-emergency 
obstetric services as of December 21. 1987 or to a 
hospital that predominantly serves individuals under 
18 years of age; and 

(2) The hospital's Medicaid inpatient utilization rate, 
defined as the percentage resulting from dividing 
Medicaid patient days by total patient days, is at least 
one standard deviation abo^'e the mean Medicaid 
inpatient utilization rate for all hospitals that receive 
Medicaid payments in the state; or 

(3) The hospital's low income utilization rate exceeds 25 
percent. The low-income utilization rate is the sum 
of: 

(A) The ratio of the sum of Medicaid inpatient 
revenues plus cash subsidies received from the 
State and local governments, divided by the 
hospital's total patient revenues; and 

(B) The ratio of the hospital's gross inpatient 
charges for charitv' care less the cash subsidies 
for inpatient care received from the State and 
local governments divided by the hospital's 
total inpatient charges; or 



(4) The sum of the hospital's Medicaid revenues, bad 
debts allowance net of recoveries, and charity care 
exceeds 20 percent of gross patient revenues; or 

(5) The hospital, in ranking of hospitals in the State, from 
most to least in number of Medicaid patient days 
provided, is among the top group that accounts for 50 
percent of the total Medicaid patient days provided by 
all hospitals in the State; or 

(6) It is a Psychiatric hospital operated by the North 
Carolina Department of Human Resources, Division 
of Mental Health, Developmental Disabilities, 
Substance Abuse Services (DMH/DD/SAS) or UNC 
Hospitals operated by the University of North 
Carolina. 

(b) The rate adjustment for a disproportionate share hospital 
is 2.5 percent plus one fourth of one percent for each percentage 
point that a hospital's Medicaid inpatient utilization rate exceeds 
one standard deviation of the mean Medicaid inpatient utilization 
rate in the State. The rate adjustment is applied to a hospital's 
payment rate exclusive of any previous disproportionate share 
adjustments. 

(c) An additional one time payment for the 12-month period 
ending September 30. 1995, in an amount determined by the 
Director of the Division of Medical Assistance, may be paid to 
the Public hospitals that are the primarv' affiliated teaching 
hospitals for the University of North Carolina Medical Schools 
less payments made under authoritv' of Paragraph (d) of this 
Rule. The payment limits of the Social Security Act, Title XIX, 
Section 1923(g)(1) applied to this payment require that when 
this pavment is added to other Disproportionate Share Hospital 
pavments, the additional disproportionate share payment will not 
exceed 100 percent of the total cost of providing inpatient and 
outpatient senices to Medicaid and uninsured patients less all 
payments received for senices provided to Medicaid and 
uninsured patients. The total of all payments may not exceed the 
limits on DSH funding as set for the State by HCFA. 

(d) Effective July 1, 1994, hospitals eligible under 
Subparagraph (a)(6) of this Rule shall be eligible for 
disproportionate share payments, in addition to other payments 
made under the North Carolina Medicaid Hospital 
reimbursement methodology, from a disproportionate share pool 
under the circumstances specified in Subparagraphs (1), (2) and 
(3) of this Paragraph. 

(1) An eligible hospital will receive a monthly 
disproportionate share payment based on the monthly 
bed days of serv ices to low income persons of each 
hospital divided by the total monthly bed days of 
services to low income persons of all hospitals items 
allocated funds. 

(2) This payment shall be in addition to the 
disproportionate share payments made in accordance 
with Subparagraphs (a)(1) through (5) of this Rule. 
However, DMH/DD/SAS operated hospitals are not 
required to qualify under the requirements of 
Subparagraphs (a)(1) through (5) of this Rule. 

(3) The amount of allocated funds shall be determined by 
the Director of the Division of Medical Assistance, 
but not to exceed the quarterly grant award of funds 



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(plus appropnate non-federal match) earmarked for 
disproportionate share hospital payments less 
payments made under Subparagraphs (a)( 1 ) through 
(5) divided by three. 

In Subparagraph (d)(1) of this Rule, bed days of 
senices to low income persons is defined as the 
number of bed days pro\ided to individuals that ha^•e 
been determined b> the hospital as patients that do not 
possess the financial resources to pay portions or all 
charges associated with care pro\ided. 
Low income persons include those persons that have 
been determined eligible for medical assistance. The 
count of bed days used to determine payment is based 
upon the month immediately prior to the month that 
payments are made. 

Disproportionate share payments to hospitals are 

liimted in accordance with The Social Security Act as 

amended. Title XIX section 1923 (g). limit on amount 

of payment to hospitals. 

(e) Subject to the availability of funds, hospitals that: qualift' 

as disproportionate share hospitals under Subparagraphs (a)(1) 

through (5) of this Rule for the fiscal years ended September 30. 

1995 and September 30. 1996; operate Medicare appro\ed 

graduate medical education programs for the fiscal years ended 

September 30. 1995 and September 30. 1996; and incur for the 

12-month penod ending September 30, 1996 unreimbursed costs 

(calculated without regard to payments under either this 

Paragraph or Paragraph (f) of this Rule) for providing inpatient 

and outpatient services to uninsured patients in an amount in 

excess of two million five hundred thousand dollars 

($2,500,000) shall be eligible for disproportionate share 

payments for such services from a disproportionate share pool 

under the circumstances specified in Subparagraphs ( 1 ) through 

(7) of this Paragraph. 

(1) Qualification for the 12 month period ending 
September 30. 1996 shall be based on cost report data 
and uninsured patient data certified to the Division by 
hospitals on or before September 23, 1996 for fiscal 
years ending in 1995, in connection with the 
disproportionate share hospital application process. 
Qualification for subsequent 12 month periods ending 
September 30 of each year shall be based on cost 
report data and umnsured patient data certified to the 
Division by hospitals on or before September 1 of 
each subsequent year, for the fiscal year ending in the 
preceding calendar year. 

(2) Any payments made pursuant to this Paragraph shall 
be calculated and paid no less frequently than 
annually, and pnor to the calculation and payment of 
any disproportionate share payments pursuant to 
Paragraph (f) of this Rule 

(3) For the 12 month period ending September 30, 1996 
a pavment shall be made to each qualified hospital in 
an amount determined by the Director of the Division 
of Medical Assistance based on a percentage (not to 
exceed a maximum of 23 percent) of the 
unreimbursed costs incurred by each qualified 
hospital for inpatient and outpatient sen ices provided 



to uninsured patients. 

(4) In subsequent 12 month periods ending September 
30th of each \ear, the percentage payment shall be 
ascertained and established by the Division by 
ascertaining fiinds available for payments pursuant to 
this Paragraph divided b>' the total unreimbursed costs 
of all hospitals that qualify' for payments under this 
Paragraph for providing inpatient and outpatient 
services to uninsured patients. 

(5) The payment limits of the Social Security Act, Title 
XIX, secfion 1923(g)(1) applied to the payments 
authonzed by this Paragraph require that w hen this 
payment is added to other disproportionate share 
hospital payments, the total disproportionate share 
payments shall not exceed 100 percent of the total 
costs of providing inpatient and outpafient services to 
Medicaid and umnsured patients for the fiscal year in 
which such payments are made, less all payments 
received for services to Medicaid and uninsured 
patients. The total of all disproportionate share 
hospital payments shall not exceed the limits on 
disproportionate share hospital fiinding as established 
for this State by HCFA. 

(6) To ensure that payments pursuant to Paragraph (e) do 
not exceed the State aggregate upper limits to such 
payments established bv' applicable federal law and 
regulation (42 C.F.R. 447.272), such payments shall 
be cost settled within 12 months of receipt of the 
completed cost report covenng the period for which 
such payments are made. If any hospital receives 
pavTuents. pursuant to this Subparagraph in excess of 
the percentage established by the Director under 
Subparagraph (d)(3) of this Rule, ascertained without 
regard to other disproportionate share hospital 
payments that may have been received for services 
during the 12-month period ending September 30, 
1996, such excess payments shall promptly be 
refunded to the Division. No additional payment shall 
be made to qualified hospitals in cormection with the 
cost settlement. 

(7) The payments authorized by Subparagraph (6) shall 
be effective in accordance with G.S. 108A-55(c). 

(f) An addidonal one-time disproportionate share hospital 
pavment during the 12-month penod ending September 30, 1996 
(subject to the availability of funds and to the payment limits 
specified in this Paragraph) shall be paid to qualified public 
hospitals. For purposes of this Paragraph, a qualified public 
hospital is a hospital that qualifies for disproporfionate share 
hospital status under Subparagraphs (a)(1) through (5) of this 
Rule; does not qualify for disproportionate share hospital status 
under Subparagraph (a)(6) of this Rule; was owned or operated 
by a State (or by an instmmentalify or a unit of government 
within a State) throughout the 12 -month period ending 
September 30.1996; verified its stams as a public hospital by 
certifying state, local, hospital district or authorify government 
control on the most recent version of Form HCFA-1514 filed 
with the Health Care Financing Admimstration, U.S. Department 
of Health and Human Services on or before September 23, 1996; 



1895 



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APPROVED RULES 



files with the Division on or before September 23, 1996 by use 
of a form prescribed by the Division a certification of its 
unreimbursed charges for inpatient and outpatient ser\ices 
provided to uninsured patients during the fiscal year ending in 

1995. and submits to the Division on or before September 23. 
1996 bv use of a form prescribed by the Division a certificate of 
public expenditures 

( 1 ) The payment to qualified public hospitals pursuant to 
this Paragraph for the 12-month period ending 
September 30. 1996 shall be based on and shall not 
exceed the unreimbursed charges certified to the 
Division by each such hospital by use of a form 
prescribed by the Division for inpafient and outpatient 
services provided to uninsured patients for the fiscal 
year ending in 1995, to be converted by the Division 
to unreimbursed cost by multiplying unreimbursed 
charges times the cost-to-charge ratio established by 
the Division for each hospital for the fiscal year 
ending in 1995. Payments authorized by this 
Paragraph shall be made no less frequently than 
annually. 

(2) Any payments pursuant to this Paragraph shall be 
ascertained and paid after any disproportionate share 
hospital payments that may hav e been or may be paid 
by the Division pursuant to Paragraph (d) of this Rule. 

(3) The payment limits of the Social Secunty Act. Title 
XIX. Secfion 1923 (g)(1) applied to this payment 
require that when this payment is added to other 
disproportionate share hospital payments, the total 
disproportionate share hospital payments will not 
exceed 100 percent of the total costs of providing 
inpatient and outpatient services to Medicaid and 
uninsured patients for the fiscal year in which such 
payments are made, less all payments received for 
services to Medicaid and uninsured patients for that 
year. The total of all DSH payments by the Division 
may not exceed the limits on disproportionate share 
hospital funding as established for this State by 
HCFA for the fiscal year in which such payments are 
made. 

(4) To ensure that estimated payments pursuant to 
Paragraph (f) do not exceed tlie State aggregate upper 
limits to such payments established by applicable 
federal law and regulafion (42 C.F.R. 447.272). such 
payments shall be cost settled within 1 2 months of 
receipt of the completed cost report covering the 12 
month penod for which such payments are made. No 
additional payments shall be made in connection with 
the cost settlement. 

(5) The payments authorized by Paragraph (f) of this Rule 
shall be effective in accordance with G.S. 108A- 
55(c). 

(g) Effective with dates of payment beginning October 31. 

1 996, hospitals that provide services to clients of State Agencies 
are considered to be a Disproportionate Share Hospital (DSH) 
when the following conditions are met: 

( 1 ) The hospital has a Medicaid inpatient utilization rate 
not less than one percent and has met the requirements 



of Subparagrah (a)(1) of this Rule; and 

(2) The State Agency has entered into a Memorandum of 
Understanding (MOU) with the Division of Medical 
Assistance (Division); and 

(3) The inpatient and outpatient services are authorized 
by the State Agency for which the uninsured client 
meets the program requirements. 

(A) For purposes of this Paragraph, uninsured 
patients are those clients of the State Agency 
that have no third parties responsible for any 
hospital services authorized by the State 
Agency. 

(B) DSH payments are paid for services to 
qualified uninsured clients on the following 
basis: 

(i) For inpatient services the amount of the 
DSH payment is determined by the State 
Agency in accordance with the 
applicable Medicaid inpatient payment 
methodology as stated in Rule .021 1 of 
this Section, 
(ii) For outpatient services the amount of 
the DSH payment is determined by the 
State Agency in accordance with the 
applicable Medicaid outpatient payment 
methodology as stated in Section 24 of 
Chapter 18 of the 1996 Session Laws of 
North Carolina, 
(iii) No federal funds are utilized as the non- 
federal share of authorized payments 
unless the federal funding is specifically 
authorized by the federal funding 
agency as eligible for use as the non- 
federal share of payments. 

(C) Based upon this Paragraph DSH payments as 
submitted by the State Agency shall be paid 
monthly m an amount to be reviewed and 
approved by the Division of Medical 
Assistance. The total of all payments may not 
exceed the limits on Disproportionate Share 
Hospital funding as set forth for the state by 
HCFA. 

History Note: Authority G.S. l08A-25(b); 108A-54; 108A-55; 

42 C.F.R. 447. Subpart C; 

Eff. February 1. 1995: 

Amended Eff. July I, 1995; 

Filed as a Temporary Amendment Eff. September 15, 1995, for 

a period of 180 days or until the permanent rule becomes 

effective, whichever is sooner: 

Filed as a Temporary Amendment Eff. September 29, 1995, for 

a period of 180 days or until the permanent rule becomes 

effective, whichever is sooner: 

Amended Eff. January I, 1996: 

Temporary Amendment Eff. September 25. 1996: 

Temporary Amendment Eff. April 15, 1997: 

Temporary Amendment Eff. September 30, 1997: 

Amended Eff. Auzu.st L 1998. 



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1896 



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TITLE 12 - DEPARTMENT OF JUSTICE 

CHAPTER 10 - N.C. SHERIFFS' EDUCATION AND 
TRAINING STANDARDS COMMISSION 

SUBCHAPTER lOB - N.C. SHERIFFS' EDUCATION 
AND TRAINING STANDARDS COMMISSION 

SECTION .0100 - COMMISSION ORGANIZATION 
AND PROCEDURES 

.0109 DEVELOPMENT OF PROGRAMS 

The Di\ision shall assist the Commission in developing and 
e\aluating programs for the improvement of North Carolina 
Sheriffs' offices by: 

( 1 ) Compiling data, performing research, and developing 
reports concerning the needs of all sheriffs' offices; 

(2) Presenting to the Commission recommendations for 
the de^■elopment of new programs and the revision of 
existing programs; 

(3) Disseminating information about Commission 
programs to concerned agencies and persons; and 

(4) Collecting comments about Commission programs 
contributed by agencies and the public. 

History Note: Authority G.S. 17E-6: 

Eff. January 1. 1989: 

Recodified from 12 NCAC 1 OB .0202 Eff. January 1, 1992: 

Amended Eff. Fehruan' L_ 1998. 

SECTION .0400 - CERTIFICATION OF 
JUSTICE OFFICERS 

.0403 PROBATIONARY CERTIFICATION 
REQUIREMENT 

(a) For certification as a justice officer, a Report of 
Appointment (Form F-4T) must be submitted to the Di\ision. 
Report of Appointment forms must be submitted to the Dnision 
by the sheriffs office no later than 10 days after the deputy- 
sheriff has taken the Oath of Office, or the detention officer or 
the telecommimicator has been appointed. The Division shall 
forward the justice officer's certification to the appointing 
agency. 

(b) No deputy sheriff or detention officer probationary 
certification shall be issued by the Di\ision prior to the applicant 
meeting the conditions set forth in this Paragraph. As an 
additional requirement for probationan- certification, the 
applicant shall meet the following requirements: 

(1) If the applicant for probationar,- certification is 
authorized to cany- a firearm pursuant to the 
provisions of 12 NCAC lOB .2104, the employing 
agency shall submit evidence of satisfactory- 
completion of the employing agency's in-ser\'ice 
firearms training and requaliiication program pursuant 
to 12 NCAC lOB .2000 and .2100; or 

(2) If the applicant for probationary- certification is not 



authorized to cany a firearm pursuant to the 
provisions of 12 NCAC lOB .2104, the employing 
agency shall notify the Division, in writing, that the 
applicant is not authorized to cany a firearm. 

History Xote: Authority G.S. 17E-4: 17E-7: 

Eff January 1, 1989; 

Amended Eff. February 1^ 1998: January 1, 1996; January 1. 

1994: January 1, 1991: 

Temporary Amendment Eff March 1. 1998. 

SECTION .0500 - MINIMUM STAND.ARDS OF 
TRAINING FOR DEPUTY SHERIFFS 

.0505 EVALUATION FOR TRAINING WAIVER 

(a) The Division staff shall e^•aluate each deputy's training 
and experience to determine if equivalent training has been 
satisfactorily completed as specified in 12 NCAC lOB .0504(a). 
Applicants for certification with prior law enforcement 
experience shall have been employed in a sworn law 
enforcement position in order to be considered for training 
e\-aluation under this Rule. The following rules shall be used by 
DiMsion staff in e^•aluating a deputy's training and experience to 
determine eligibility for a waiver of training. 

( 1 ) Persons who separated from a sworn law enforcement 
position during their probationary period after having 
completed a commission-accredited Basic Law 
Enforcement Training Course and who have been 
separated from a sworn law enforcement position for 
one year or less shall ser\'e the remainder of the inidal 
probationary period in accordance with G.S. 
17E-7(li), but need not complete an additional training 
program. 

(2) Persons who separated from a sworn law enforcement 
position during their probationary period without 
having completed Basic Law Enforcement Training, 
or whose certification was suspended pursuant to 12 
NCAC lOB .0204(t)(l). and who have remained 
separated or suspended for over one year shall 
complete a commission-accredited Basic Law 
Enforcement Traimng Course in its entirety and 
successfully pass the State Comprehensive 
Examination, and shall be allowed a 12 month 
probationary' period as prescribed in 12 NCAC lOB 
.0503(a). 

(3) Out-of-state transferees shall be evaluated to 
determine the amount and quaht}' of their training and 
experience. Out-of-state transferees: 

(A) shall ha\'e a minimum of tvvo years full-time 
sworn law enforcement experience; 

(B) shall not ha\-e a break in service exceeding two 
years; and 

(C) shall have successfully completed the Basic 
Law- Enforcement Training Course accredited 
b}- the state from which he/she is transferring. 
Out-of-state transferees meeting these 
requirements shall successfully complete a 
commission-accredited Basic Law 



1897 



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12:21 



APPROVED RULES 



Enforcement Training Course which includes 
the following topics of North Carolina law and 
procedure and successfully pass the State 
Comprehensive Examination in its entirety 
within the 12 month probationary period as 
prescribed in 12 NCAC lOB .0503(a). 



(1) 

(ii) 
(lii) 
(iv) 

(V) 
(VI) 

(vii) 
(viii) 



Laws of Arrest, Search and 

Seizure 16 hours 

Elements of Criminal Law 24 hours 
Juvenile Laws and Procedures 8 hours 

Controlled Substances 6 hours 

ABC Laws and Procedures 4 hours 

Motor Vehicle Laws 20 hours 

Civil Process 24 hours 
Supplemental Custody 

Procedures 8 hours 



TOTAL HOURS 1 1 hours 

(4) Persons previously holding Grandfather law 
enforcement certification in accordance with G.S. 
17C-10(a) or G.S. 17E-7(a) who have been separated 
from a sworn law enforcement position for more than 
one year and who have not previously completed a 
minimum Basic Law Enforcement Training Course 
accredited by the North Carolina Criminal Justice 
Education and Training Standards Commission or the 
North Carolina Sheriffs' Education and Training 
Standards Commission shall be required to complete 
a commission-accredited Basic Law Enforcement 
Training Course in its entirety and successfully pass 
the State Comprehensive Examination within the 12 
month probationary period as prescribed in 12 NCAC 
lOB .0503(a). 

(5) Persons who have completed a minimum 160-hour 
Basic Law Enforcement Training Course accredited 
by the North Carolina Criminal Justice Training and 
Standards Council under guidelines administered 
beginning on July 1. 1973 and continuing through 
September 30, 1978 and who have been separated 
from a sworn law enforcement position for more than 
one year but no more than two years shall be required 
to complete the following portions of a 
commission-accredited Basic Law Enforcement 
Training Course and successfully pass the State 
Comprehensive E.xamination within the 12 month 
probationary period as prescribed in 12 NCAC lOB 
.0503(a). 

(A) Juvenile Law and Procedures 8 hours 

(B) Laws of Arrest. Search and Seizure 16 hours 

(C) Elements of Criminal Law 24 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Law Enforcement Driver Training 16 hours 
(H) Civil Process 24 hours 
(I) Supplemental Custody Procedures 8 hours 



(6) Persons who have completed a minimum 160-hour 
Basic Law Enforcement Training Course accredited 
by the North Carolina Criminal Justice Training and 
Standards Council under guidelines administered 
beginning on July 1, 1973 and continuing through 
September 30, 1978 and who have been separated 
from a sworn law enforcement position for more than 
two years shall be required to complete a 
commission-accredited Basic Law Enforcement 
Training Course in its entirety regardless of training 
and experience and successfully pass the State 
Comprehensive Examination within the 12 month 
probationary period as prescribed in 12 NCAC lOB 
.0503(a). 

(7) Persons who have completed a minimum 240-hour 
Basic Law Enforcement Training Course accredited 
by the North Carolina Criminal Justice Education and 
Training Standards Commission and the North 
Carolina Sheriffs' Education and Training Standards 
Commission imder guidelines administered beginning 
October 1 , 1 978 and continuing through September 
30, 1984 and who have been separated from a sworn 
law enforcement position for over one year but no 
more than three years shall be required to complete 
the following portions of a commission-accredited 
Basic Law Enforcement Training Course and 
successfully pass the State Comprehensive 
Examination within the 12 month probationary period 
as prescnbed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 



126 hours 



TOTAL HOURS 1 10 hours 

(8) Persons who have completed a minimum 240-hour 
Basic Law Enforcement Training Course accredited 
by the North Carolina Criminal Justice Education and 
Training Standards Commission and the North 
Carolina Sheriffs' Education and Training Standards 
Commission under guidelines administered beginning 
October 1. 1978 and continuing through September 
30, 1984 and who have been separated from a sworn 
law enforcement position for more than three years 
shall be required to complete a commission-accredited 
Basic Law Enforcement Training Course in its 
entirety regardless of prior training and experience 
and successfully pass the State Comprehensive 
Examination witliin the 12 month probationary period 
as prescribed in 12 NCAC lOB .0503(a). 

(9) Persons who have completed a minimum 381 hour 
Basic Law Enforcement Training Course accredited 
by the North Carolina Sheriffs' Education and 
Training Standards Commission under guidelines 



12:21 



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1898 



APPROVED RULES 



(10) 



(11) 



administered beginning October 1, 1984 and ending 
December 31, 1988 and who have been separated 
from a sworn law enforcement position for o\ er one 
year but no more tlian three years shall be required to 
complete the following portions of a 
commission-accredited Basic Law Enforcement 
Training Course and successfully pass the State 
Coinprehensive Examination within the 12 month 
probationary period as prescribed in 12 NCAC lOB 
.0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 1 10 hours 

Persons transferring to a shenfTs office from another 
law enforcement agencv' who hold certification issued 
by the North Carolina Cnminal Justice Education and 
Training Standards Commission and who have 
previously completed a commission-accredited Basic 
Law Enforcement Training Course beginning on or 
after October 1, 1984 and who have been separated 
from a sworn law enforcement position for no more 
than one year or who have had no break in service 
shall be required to complete the following 
enumerated topics of a commission-accredited Basic 
Law Enforcement Training Course and successfully 
pass that portion of the State Comprehensive 
Examination which deals with those subjects within 
12 months of the date of appointoient as defined in 12 
NCAC lOB .0103(1). 

(A) Civil Process 24 hours 

(B) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 32 hours 

Persons who have completed a minimum 369-hour 
Basic Law Enforcement Training Course accredited 
by the North Carolina Criminal Justice Education and 
Training Commission under guidelines begiiming 
October 1. 1984 and ending July 1, 1989 and who 
have been separated from a sworn law enforcement 
position for over one year but no more than three 
years shall be required to complete the following 
portions of a commission-accredited Basic Law 
Enforcement Training Course and successfully pass 
the State Comprehensive Examination within the 12 
month probationary period as prescnbed in 1 2 NCAC 
lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Cnminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 



(12) 



(13) 



(14) 



(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 1 1 hours 

Persons who have completed a minimum 422-hour 
Basic Law Enforcement Training Course accredited 
by the North Carolina ShenfTs Education and 
Training Standards Commission under the guidelines 
administered beginning Januarv 1, 1989 and ending 
February' 1, 1991 and who have been separated from 
a sworn law enforcement position for over one year 
but no more than three years shall be required to 
complete the following portions of a 
commission-accredited Basic Law Enforcement 
Training Course and successfiilly pass the State 
Comprehensive Examination within the 12 month 
probationary period as prescribed in 12 NCAC lOB 
.0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 1 1 hours 

Persons who have previously completed a minimum 
410-hour Basic Law Enforcement Training Course 
accredited by the North Carolina Criminal Justice 
Education and Training Standards Commission under 
guidelines administered beginning July 1, 1989 and 
ending February' 1, 1991 and who have been separated 
from a sworn law enforcement position for over one 
year but no more than three years shall be required to 
complete the following portions of a 
commission-accredited Basic Law Enforcement 
Training Course and successfully pass the State 
Comprehensive Examination within the 12 month 
probationary period as prescribed in 12 NCAC lOB 
.0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 1 1 hours 

Persons who have completed a minimum 444-hour 
Basic Law Enforcement Training Course accredited 
by the North Carolina Sheriffs' Education and 
Training Standards Commission under the guidelines 
administered beginning Februan 1 , 1991 and ending 



1899 



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APPROVED RULES 



(16) 



January 1, 1996 and who have been separated from a 
s^\om law enforcement position for o\ er one year but 
no more than three years shall be required to complete 
the following portions of a commission-accredited 
Basic Law Enforcement Training Course and 
successfully pass the State Comprehensive 
Examination within the 12 month probationan period 
as prescnbed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest. Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hoiu-s 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 1 1 hours 

(15) Persons who have pre\'iously completed a minimum 
432-hour Basic Law Enforcement Training Course 
accredited by the North Carolina Cnminal Justice 
Education and Training Standards Commission under 
guidelines administered beginning Februar\- I. 1991 
and who ha\e been separated from a sworn law 
enforcement position for o\er one year but no more 
than three years shall be required to complete the 
following portions of a commission-accredited Basic 
Law Enforcement Training Course and successfully 
pass the State Comprehensi\e Examination w ithin the 
12 month probationar»' period as prescribed in 12 
NCAC lOB .0503(a). 

(A) Laws of Arrest. Search and Seizure 16 hours 

(B) Elements of Cnminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 1 1 hours 

Persons who ha^•e completed training as a federal law 
enforcement officer and are appointed as a deput>' 
sheriff in North Carolina shall be required to complete 
a commission-accredited Basic Law Enforcement 
Training Course in its entiret>' regardless of pre^ous 
federal training and experience and successfully pass 
the State Comprehensive Examination within the 1 2 
month probationan' period as prescribed in 12 NCAC 
lOB .0503(a). 
(17) Persons out of the law enforcement profession for 
over three years regardless of pnor training or 
experience shall complete a commission-accredited 
Basic Law Enforcement Training Course in its 
entirety and successfully pass the State 
Comprehensive Examination within the 12 month 
probationan- period as prescribed in 12 NCAC lOB 
.0503(a). 



(18) Wildlife Enforcement Officers who completed the 
Basic Law Enforcement Training Course prior to 
September 30. 1985 and are sworn as justice officers 
shall be subject to the evaluation rules as stated in 12 
NCAC lOB .0505(a)(1) and (a)(4) through (11). 

(19) Wildlife Enforcement Officers who separate from 
emplo>Tnent with the Wildlife Enforcement Division 
and ha\e less than one year break in senice, who 
transfer to a Sheriffs Office in a sworn capacit\'. and 
who completed their Basic Training after September 
30. 1985 shall complete the following blocs of 
instruction and pass the state exam in its entirety 
within the 12 month probationary period as prescribed 
in 12 NCAC lOB .0503(a). 

(A) Crime Prevention Techniques 4 hours 

(B) Mechanics of Arrest: Custody 

Procedure 2 hours 

(C) Mechanics of Arrest: Processing 

Arrestee 4 hours 

(D) Special Populations 12 hours 

(E) Techniques of Traffic Law 
Enforcement 6 hours 

(F) Dealing with Victims and the Public 8 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 68 hours 

(20) Wildlife Enforcement Officers who completed Basic 
Law Enforcement Training on or after September 30. 
1 985 and ha\e been out of a sworn position o\er one 
year but no more than three years, and are sworn as a 
justice officer must complete the following blocs of 
instructions and pass the state exam in its entirety' 
during their probationan period as prescribed in 12 
NCAC lOB .0503 (a). 

(A) Laws of Arrest Search and Seizure 1 6 hours 

(B) Elements of Criminal Law 24 hours 

(C) Jmenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Crime Prevention Techniques 4 hours 
(H) Mechanics of Arrest: Custody 

Procedures 2 hours 

(I) Mechanics of Arrest: Processing 

Arrestees 4 hours 

(J) Special Populations 12 hours 

(K) Techniques of Traffic Law 

Enforcement 6 hours 

(L) Dealing with Victims and the Public 8 hours 
(M) Civil Process 24 hours 

(N) Supplemental Custody Procedures 8 hours 



(21) 



TOTAL HOURS 146 hours 

Alcohol Law Enforcement Officers who completed 
the Basic Law Enforcement Training Course prior to 
April 1, 1983 or after November 1. 1993. and are 
sworn as a justice officer shall be subject to the 



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APPROVED RULES 



evaluation rules as prescribed in 12 NCAC lOB 
.0505(a)(3) through (8) and (a)(14). (15) and (24). 
(22) Alcohol Law Enforcement Officers who separate 
from emplo>Tnent with the Alcohol Law Enforcement 
Division and ha^e less than a one year break in 
ser\ice. who transfer to a Shenffs Office in a sworn 
capacm-. and who completed their Basic Training 
administered beginning Apnl 1. 1983 and ending 
No\ ember 1 . 1 993 shall complete the following blocs 
of instruction and pass the state comprehensive exam 
in its entiret>' within the 12 month probationarv' period 
as prescnbed m 12 NCAC lOB .0503(a). 

(A) Law Enforcement Communication and 
Information Systems 4 hours 

(B) Patrol Techniques 16 hours 

(C) Cnme Prevention Techniques 4 hours 

(D) Mechanics of Arrest: Vehicle Stops 6 hours 

(E) Mechanics of Arrest: Custody 
Procedures 2 hours 

(¥) Mechanics of Arrest: Processing 

Arrestee 4 hours 

(G) Special Populations 12 hours 

(H) Inteniews: Field and In-Custody 8 hours 
(1) Motor Vehicle Law 20 hours 

(J) Techniques of Traffic Law 

Enforcement 6 hours 

(K) Dealing with Victims and the Public 8 hours 
(L) Civil Process 24 hours 

(M) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 122 hours 

(23) Alcohol Law Enforcement Officers who completed 
their Basic Training administered begimiing April 1 . 
1983 and ending November 1, 1993 and are sworn as 
a justice officer and who ha\'e been out of a sworn 
position for o\er one year but no more than three 
years shall complete the following blocs of instruction 
and pass the state examination in its entirety' during 
their one year probationary period as prescribed in 12 
NCAC lOB .0503(a). 

(A) Laws of Arrest. Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Jmemle Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Law Enforcement Communication and 
Information Systems 4 hours 

(G) Patrol Techniques 16 hours 
(H) Cnme Prevention Techniques 4 hours 
(I) Mechanics of Arrest: Vehicle Stops 6 hours 
(J) Mechanics of Arrest: Custody 

Procedures 2 hours 

(K) Mechanics of Arrest: Processing 

Arrestee 4 hours 

(L) Special Populations 12 hours 

(M) InterNiews: Field and In-Custody 8 hours 
(N) Motor Vehicle Law 20 hours 

(O) Techniques of Traffic Law 



Enforcement 6 hours 

(?) Dealing with Victims and the Public 8 hours 
(Q) Civil Process 24 hours 

(R) Supplemental Custody Procedures 8 hours 



(24) 



TOTAL HOURS 180 hours 

Persons who ha\'e previously completed a minimum 
472-hour Basic Law Enforcement Training Course 
accredited by the North Carolina Sheriffs' Education 
and Training Standards Commission, under the 
guidelines administered begimiing Januan- 1, 1996 
and who ha\'e been separated from a sworn law- 
enforcement position for over one year but no more 
than three years shall be required to complete the 
following portions of a commission-accredited Basic 
Law Enforcement Training Course and pass the State 
Comprehensne Examination with the 12 month 
probationan," penod as prescribed in 12 NCAC lOB 
.0503(a). 

(A) Laws of Arrest. Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Jm'emle Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody' Procedures 8 hours 



TOTAL HOURS 110 hours 

(b) In those instances not specifically incorporated within this 
Section or where an e\aluation of the applicant's pnor training 
and experience determines that required attendance in the entire 
Basic Law Enforcement Training Course would be impractical, 
the director is authorized to exercise his/her discretion in 
determining the amotmt of training, those persons shall complete 
during their probationan- period. 

History Xote: Authority G.S. 1 7E-4: 1 7E-7; 

Eff. January 1, 1989: 

Amended Eff. Februarx- /j_ 1998: January 1, 1996: January 1. 

1994: January 1. 1993: January 1. 1992. 

SECTION .0600 - MINIMUM STANDARDS OF 
TRAINING FOR DETENTION OFFICERS 

.0601 DETENTION OFFICER CERTIFICATION 
COURSE 

(a) This Section establishes the current standard by which 
Sheriffs' Office and district confinement persormel shall recene 
detention officer training. These Rules will ser\-e to raise the 
le\el of detention officer training heretofore available to law- 
enforcement officers across the state. The Detention Officer 
Certification Course shall consist of a minimum of 140 hours of 
instruction designed to provide the trainee with the skills and , 
knowiedge necessar." to perform tliose tasks considered essential I 
to the administration and operation of a confinement facilit>'. 

(Td) Each Detention Officer Certification Course shall include 



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APPROVTD RULES 



the following identified topic areas and approximate 


minimum 


instructional hours for each area: 




(1) 


Orientation 


2 hours 


(2) 


Criminal Justice System 


3 hours 


(3) 


Legal Aspects of Management & 






Supervision 


1 9 hours 


(4) 


Contraband/Searches 


6 hours 


(5) 


Processing Inmates 


5 hours 


(6) 


First Aid & CPR 


10 hours 


(7) 


Medical Care in the Jail 


5 hours 


(8) 


Patrol & Securit>' Functions of the Jail 


5 hours 


(9) 


Key and Tool Control 


2 hours 


(10) 


Supervision & Management of Inmates 


5 hours 


(11) 


Suicides & Crisis Management 


5 hours 


(12) 


Introduction to Rules & Regulations 






Governing Jails 


2 hours 


(13) 


Stress 


2 hours 


(14) 


Investigative Process in the Jail 


9 hours 


(15) 


Unarmed Self-Defense 


24 hours 


(16) 


Special Populations 


4 hours 


(17) 


Transportation of Inmates 


6 hours 


(18) 


Fire Emergencies 


12 hours 


(19) 


Physical Assessment 


4 hours 


(20) 


Review/Testing 


7 hours 


(21) 


State Comprehensive Examination 


3 hours 



TOTAL HOURS 140 hours 

(c) In addition to the requirements of Paragraph (b) of this 
Rule, the reading component of a standardized test shall be 
administered to each trainee within the first two weeks of the 
Detention Officer Certification Course, and the reading grade 
level reported as a part of the trainee's official training records. 
The school director shall determine the test instrument to be 
used. 

(d) Consistent with the curriculum development policy of the 
Commission, the Commission shall designate the developer of 
the Detention Officer Certification Course curricula and such 
designation shall be deemed by the Commission as appro\al for 
the developer to conduct pilot Detention Officer Certification 
Courses. Individuals who successfully complete such a pilot 
Detention Officer Certification Course offering shall be deemed 
to have successfiilly complied with and satisfied the minimum 
training requirement. 

(e) The "Detention Officer Certification Training Manual" as 
published by the North Carolina Justice Academy is hereby 
incorporated by reference and shall automatically include any 
later amendments and editions of the incorporated matter to 
apply as the basic curriculum for the Detention Officer 
Certification Course. Copies of this manual may be obtained by 
contacting the North Carolina Justice Academy. Post Office Box 
99, Salemburg, North Carolina 28385-0099. The cost of this 
manual is forty dollars ($40.00) at the time of adoption of this 
Rule. 

(f) The "Detention Officer Certification Course Management 
Guide" as published by the North Carolina Justice Academy is 
hereby incorporated by reference and shall automatically include 
any later amendments, editions of the incorporated matter to be 
used by certified school directors in plaiming. implementing and 



delivering basic detention officer training. Each certified school 
director shall be issued a copy of the guide at the time of 
certification at no cost to the accredhed school. 

History- Note: A uthority G. S. 1 7E-4(a): 

Eff. January 1, 1989: 

Amended EfT. February 1, 1998; January 1. 1996; June 1, 1992; 

January 1. 1992: January 1. 1991. 

.0602 TIME REQ/COMPLETION//DETENTION 
OFFICER CERT TRAINING COURSE 

(a) Each individual employed by a sheriffs office or a district 
confinement facility as a detention officer holding probafionary 
certification shall sadsfactorily complete a 
commission-accredited detention officer training course. The 
individual shall complete such course within one year from the 
date of his original appointment as a detention officer as 
determined by the date of the probafionary certification. Any 
indi\idual employed as a detention officer who does not comply 
w ith this Rule or other training provisions of this Chapter shall 
not be authorized to exercise the powers of a detention officer. 
If however, an individual has enrolled in a 
commission-accredited detention officer course that concludes 
later than the end of the individual's probationarv' period, the 
Commission may extend the probationary period for a period not 
to exceed six months. 

(b) Persons having completed a commission-accredited 
detention officer training course and not having been duly 
appointed and certified as a detention officer within one year of 
completion of the course shall complete a subsequent 
commission-accredited detention officer training course in its 
entiretv' and pass the State Comprehensive Examination within 
the 1 2 month probationary period as prescribed in 1 2 NC AC 
lOB .0602(a), unless the Director determines that a delay in 
applying for certification was due to simple negligence on the 
part of the applicant or employing agency, in which case the 
Director may accept the commission-accredited detention officer 
training program which is over one year old. Such extension of 
the one year period shall not exceed 30 days from the expiration 
date of a commission-accredited detention officer training 
program. 

History Sate: Authority G.S. 17E-4; 

Eff. January: /, 1989: 

Amended Eff. February 1, 1998: January 1, 1996: January 1, 

1994. 

.0603 EVALUATION FOR TRAINING WAFVER 

(a) The following rules shall be used by division staff in 
evaluating a detention officer's training and experience to 
determine eligibility for a waiver of training: 

( 1 ) Persons who have separated from a detention officer 
position during the probationarv' period after having 
completed a commission-accredited detention officer 
training course and who have been separated from a 
detenUon officer posiUon for more than one year shall 
complete a subsequent commission-accredited 
detention officer training course in its entiretv* and 



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APPROVED RULES 



successfully pass the State Comprehensne 
Examination within the 12 month probationan' period 
as described m 12 NCAC lOB .0602(a,). 

(2) Persons who separated from a detention officer 
position dunng their probationar> penod after having 
completed a commission-accredited detention officer 
training course and w ho have been separated from a 
detention officer position for one year or less shall 
sene the remainder of the initial probationary penod 
in accordance with G.S. 17E-7(h). but need not 
complete an additional training program. 

(3) Persons who separated from a detention officer 
position dunng the probationan- penod without 
ha\ing completed a detention officer training course 
or whose certification was suspended pursuant to 12 
NCAC lOB .0204(b)(1) and who have remained 
separated or suspended for over one year shall 
complete a commission-accredited detention officer 
training course in its entiret>' and successfully pass the 
State Comprehensne Examination, and shall be 
allowed a 12 month probationan" period as prescribed 
m 12 NCAC lOB .0602(a). 

(4) Persons holding General Detention Officer 
Certification who ha\e completed a 
commission-accredited detention officer training 
course and who have separated from a detention 
ofiBcer position for more than one year shall complete 
a subsequent commission-accredited detention officer 
traimng course m its entiret\" and successfulh pass the 
State Comprehensi\"e Examination within the 12 
month probationan.' period as prescnbed in 12 NCAC 
lOB .0602(a). 

(5) Persons holding Grandfather Detention Officer 
Certification who separate from a detention officer 
position and remain separated from a detention officer 
posiUon for more than one year shall be required to 
complete a commission-accredited detention officer 
traimng program m its entiret> and successfully pass 
the State Comprehensi\e Exammafion within the 12 
month probationan- penod as prescnbed in 12 NCAC 
lOB .0602(a). 

(6) Persons transfemng to a shenff s office from another 
law enforcement agenc>' who hold a detention officer 
certification issued by the North Carolina Cnminal 
Justice Education and Training Standards 
Commission shall be subject to e\aluation of their 
prior traimng and experience on an individual basis. 
The Division staff shall determine the amount of 
training required of these applicants. 

(7) Persons holding general certification as a correctional 
officer issued by the North Carolina Criminal Justice 
Educauon and Traimng Standards Commission and 
who: 

(A) completed training as a correctional officer 
after Januan' 1. 1981; and 

(B) transfer to a sheriffs office or a district 



(C) 



ha^•e had less than a one year break in senice. 
or no break in senice. shall sene a 12-month 
probationary period as prescribed m 12 NCAC 
lOB .0602(a) and shall complete the following 
topic areas in a commission-accredited 
detention officer certification course and take 
the state e.xanunation in its entiret}' during that 
probationan, period: 



(1) 
(11) 

(111) 

(IV) 

(^•) 

(VI) 



(vii) 



Onentation 2 hours 

Legal Aspects of Jail Management 

& Supenision 1 9 hours 

Medical Care in the Jail 5 hours 

Imestigative Process m the 

Jail 9 hours 

Suicides and Crisis 

Management 5 hours 

Introduction to Rules and 

Regulations Governing Jail 

Facilifies 2 hours 

Fire Emergencies in the 

Jail 12 hours 



confinement facilit}" 
position: and 



in a detention officer 



TOTAL HOURS 54 hours 

(h) In those instances not specifically incorporated within this 
Section or where an e^'aluation of the applicant's prior training 
and ex-penence determmes that required attendance in the entire 
Detention Officer Training Course would be impractical, the 
director is authorized to exercise his/her discretion in 
determining the amount of traimng those persons shall complete 
dunng their probationary period. 

History Sote: Authority G.S. 17E-4: 17E-7; 

Eff. January 1. 1989; 

Amended Eff. February- L_ 1998: January 1. 1996: January 1. 

1993: January 1, 1992: January 1, 1991. 

SECTION .0700 - MINIMUM STANDARDS FOR 

JUSTICE OFFICER SCHOOLS AND 

TRAINING PROGRAMS OR COURSES OF 

INSTRUCTION 

.0701 PURPOSE 

This Section establishes the minimum standards for the 
schools from which sheriffs' office personnel shall receive 
traimng. These Rules sene to define the areas of responsibilit>- 
for the institutions and personnel associated with and 
responsible for the deli\'ery of said training programs. 

History Xote: Authority G.S. 17E-4: 
Eff January 1, 1989: 
Amended Eff. Februar\' 1^ 1998: 
Temporary Amendment Eff. March 1, 1998. 

SECTION .1000 - PROFESSIONAL CERTIFICATE 
PROGR.AM FOR SHERIFFS ANDDEPUTY SHERIFFS 

.1001 PURPOSE 

In order to recognize the le^■el of competence of sheriffs and 



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APPROVED RULES 



' 



deputy sheriffs sening the sheriffs' offices of North Carolina, to 
foster increased interest in college education and professional 
law enforcement training programs and to attract highly qualified 
individuals into a law enforcement career, the North Carolina 
Sheriffs' Education and Training Standards Commission 
establishes the Sheriffs and Deputy Shenffs' Professional 
Certificate Program. This program is a method by which 
dedicated sheriffs and deputy sheriffs may recei\'e local, 
state-wide and nation-wide recognition for education, 
professional training and on-the-job experience. 

History Note: Authority G.S. 17E-4: 

Eff. January I, 1989: 

Amended Eff. February 1, 1998; Januar\> 1, 1992. 

.1002 GENERAL PROVISIONS 

(a) In order to be eligible for one or more of the professional 
awards, a sheriff or deputy sheriff shall first meet the following 
preliminar\' qualifications; 

( 1 ) Be an elected or appointed shenff or be a deputy- 
sheriff who holds \alid General or Grandfather 
Cerfification. A deputy sheriff ser\ing under a 
probationary certification is not eligible for 
consideration. 

(2) The sheriff or deput>' sheriff shall be familiar with and 
subscribe to the Law Enforcement Code of Ethics. 

(3) If the applicant is a deput>- sheriff, the deputy shall be 
a sworn member of a North Carolina Sheriffs Office, 
as certified in wrifing by the sheriff; or be an 
employee of an agency who must be sworn by the 
sheriff in order to perform his duties as certified in 
writing by the Sheriff. 

(4) Employees of a North Carolina Sheriffs Office who 
have pre\iously held general or grandfather law- 
enforcement ofificer certification but are presently, by 
virtue of promotion or transfer, serving in non-sworn 
positions not subject to certification are eligible to 
participate in the Professional Certificate Program. 
Eligibilit>- for this exception requires continuous 
emplo>Tnent with the sheriffs office from the date of 
promotion or transfer from a sw om. certified position 
to the date of application for a professional certificate. 

(5) Only training and/or experience gained in an officer's 
area of expertise will be eligible for application to this 
program. 

(b) Certificates are awarded based upon a formula which 
combines formal education, law enforcement training, and actual 
experience as a law- enforcement officer. These professional 
certificates are appropnate for sworn sheriffs and deputy 
sheriffs. Points are computed in the following manner; 

(1) Each semester hour of college credit shall equal one 
point and each quarter hour shall equal two-thirds of 
a point; 

(2) Twenty' classroom hours of commission-approved law 
enforcement training shall equal one point; 

(3) Only experience as a sworn member of a law- 
enforcement agenc\ or equivalent experience shall be 
acceptable for consideration; 



(4) Applicants holding degrees will not be awarded 
addifional points for those degrees and must instead 
meet the training point requirements of this Section 
through completion of law enforcement training. 

History Note: Authority G.S. 17E-4: 

Eff. January 1, 1989: 

Amended Eff. February 1, 1998; January 1, 1992: January 1, 

1991: January I, 1990. 

SECTION .1100 - SHERIFFS', DEPUTY SHERIFFS' 

AND DETENTION OFFICERS' SERVICE AWARD 

PROGRAM 

.1101 PURPOSE 

In order to recognize Sheriffs', deputy sheriffs' and detention 
officers" loyal and competent ser\-ice to a particular sheriffs 
office, and also to the State of North Carolina, the Commission 
establishes the Sheriffs', deputy sheriffs" and detention officers' 
Senice Award Program. This program is a method by which 
dedicated officers may receive local, state-wide and nation-wide 
recognition for their loyal and competent law enforcement 
service. 

History Note: A uthority G. S. 1 7E-4; 

Eff January 1, 1989; 

Amended Eff. February 1, 1998; January 1, 1992; 

Temporary Amendment Eff. March 1, 1998. 

.1102 GENERAL PROVISIONS 

(a) In order to be eligible for one or more of the service 
awards, a Deputy Sheriff. Detention Officer, or Sheriff shall first 
meet the following preliminary qualifications; 

(1) Be an elected or appointed sheriff or be a deputy 
sheriff or detention officer that holds a valid general 
or grandfather certification. An officer sening under 
a probationary certification is not eligible for 
consideration. 

(2) Be familiar with and subscribe to the Law 
Enforcement Code of Ethics as promulgated by the 
International Association of Chiefs of Police. 

(3) Employees of a North Carolina Sheriffs Office who 
have pre\-iously held certification, but are presently, 
by virtue of promotion or transfer, serving in positions 
not subject to certification may participate in the 
service award program. Eligibility for this exception 
requires continuous emplo>ment with a sheriffs office 
from tlie date of promotion or transfer from a certified 
position to the date of application for a service award 
as certified in writing by the Sheriff. 

(b) Only experience as a certified member of a law 
enforcement agenq,- or experience as an elected or appointed 
sheriff shall be acceptable for considerafion. 

History Note: A uthority G. S. 1 7E-4; 

Eff January 1, 1989: 

Amended Eff February- 1_ 1998: January 1. 1990; 

Temporary Amendment Eff March 1, 1998. 



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Mav 1, 1998 



1904 



APPROVED RULES 



SECTION .1200 - PROFESSIONAL CERTIFICATE 
PROGR.\M FOR DETENTION OFFICERS 

.1201 PURPOSE 

In order to recognize the le\"el of competence of detention 
officers serMng the Sheriffs' offices of North Carolina, to foster 
increased interest m college education and professional law 
enforcement training programs and to attract highly qualified 
indi\iduals into a law enforcement career, the North Carolina 
Shenffs' Education and Training Standards Commission 
established the Professional Certificate Program for Detention 
Officers. 

History Sote: Authority G.S. J7E-4; 

Eff. January 1, 1990: 

Amended Eff. Eebnian- I 1998: January 1. 1996. 

.1202 GENERAL PROVISIONS 

(a) In order to be eligible for one or more of the detention 
officer professional awards, a detention officer shall first meet 
the following preliminan qualifications: 

(1) Be a detention officer who holds valid general or 
grandfather certification. A detention officer ser^ung 
under a probationan.' certification is not eligible for 
consideration. 

(2) Be familiar with and subscnbe to the Law 
Enforcement Code of Ethics as promulgated by the 
International Association of Chiefs of Police to 
include any subsequent editions or modifications 
thereto. A copy of the Code of Ethics may be 
obtained at no cost from the Sheriffs" Standards 
Di\isioa North Carolina Department of Justice. Post 
OfBce Box 629. Raleigh. North Carohna 27602-0629. 

(3) Employees of a North Carolina Shenffs Office who 
have preMOusly held general or grandfather detention 
officer certification but are presently, by virtue of 
promotion or transfer, sening in positions not subject 
to certification are eligible to participate in the 
Professional Certificate Program. Eligibility for this 
e.xception requires continuous employment with the 
shenffs office from the date of promotion or transfer 
from a certified position to the dale of application for 
a professional certificate. 

Cb) Only traimng and e.xperience gained in an officer's area of 
expertise will be eligible for application to this program. 

(c) Certificates shall be awarded based upon a formula which 
combines formal education, training, and actual experience as a 
detention officer. Points are computed m the following manner: 

(1 ) Each semester hour of college credit shall equal one 
point and each quarter hour shall equal t\\ o thirds of 
a point; 

(2) Twenty classroom hours of commission-approved 
training shall equal one point. 

(3) Only e.xperience as a member of a law enforcement 
agency or equivalent e.xpenence shall be acceptable 
for consideration; 

(4) Applicants holding degrees shall not be awarded 
additional points for those degrees and must instead 



meet the training point requirements of this Section 
through completion of training m the field of jails or 
corrections. 

History Sote: Authority G.S. 17E-4: 

Eff January 1. 1990: 

Amended Eff February' 1. 1998: Januar\- 1. 1996: January- 1. 

1992. 

SECTION .2000 - IN-SERVICE TRAINING FOR 
JUSTICE OFFICERS 

.2001 PURPOSE 

In order to ensure a minimum le\el of proficiency m specific 
topical areas for justice officers serving the sheriffs' offices 
within the state the Commission establishes the Justice Officers' 
In-Senice Training Program. 

History Xote: Authority G.S. 1 7E-4: 1 7E-7; 

Eff Januarys 1. 1989: 

Amended Eff. Fehruar\- 1. 1998: Januan 1. 1990. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

CHAPTER 2 - EN^VIRONMENTAL MANAGEMENT 

SUBCIL\PTER 2B - SURFACE WATER AND 
WETLAND STANDARDS 

SECTION .0200 - CLASSIFICATIONS AND WATER 

QUALITY STANDARDS APPLICABLE 

TO SURFACE WATERS AND WETLANDS OF 

NORTH CAROLINA 

.0202 DEFINITIONS 

The defimtion of any word or phrase used in this Section shall 
be the same as given in Article 21, Chapter 143 of the General 
Statutes of North Carolina. The following words and phrases, 
which are not defined m this article, shall be interpreted as 
follows: 

( 1 ) Acute toxicit}- to aquatic life means lethality or other 
harmful effects sustained by either resident aquatic 
populations or indicator species used as test 
organisms in a controlled toxicit>" test due to a 
short-term exposure (relatue to the life cycle of the 
organism) to a specrfic chemical or mi.xture of 
chemicals (as in an efQuent). Short-term exposure for 
acute tests is generally 96 hours or less. Acute 
to.xicity shall be determined using the following 
procedures: 

(a) for specific chemical constituents or 
compounds, acceptable levels shall be 
equivalent to a concentration of one-half or 
less of the Final Acute Value (FAV) as 
determined according to "Guidelines for 
Den\ing Numerical Water Quality Critena for 



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APPROl'ED RULES 



the Protection of Aquatic Life and its Uses" 
published by the Environmental Protection 
Agenq.' and referenced in the Federal Register 
(50 FR 30784. July 29, 1985) which is hereby 
incorporated by reference including any 
subsequent amendments. 

(b) for specific chemical constituents or 
compounds for which values described under 
Subparagraph ( 1 )(a) of this Rule can not be 
determined, acceptable levels shall be 
equivalent to a concentration of one-third or 
less of the lowest available LC50 value. 

(c) for effluents, acceptable levels are defined as 
no statistically measurable lethality (99 percent 
confidence level using Students t test) during a 
specified exposure period. Concentrations of 
exposure shall be determined on a case-by-case 
basis. 

(d) in instances where detailed dose response data 
indicate that levels of acute toxicity are 
significantly different from those defined in 
this Rule, the Director may determine on a 
case-by-case basis an alternate acceptable level 
through statistical analyses of the dose 
response curve. 

(2) Acute to Chronic Ratio (ACR) means the ratio of 
acute toxicity expressed as an LC50 for a specific 
toxicant or an effluent to the chronic value for the 
same toxicant or effluent. 

(3) Agricultural uses include the use of waters for stock 
watering, irrigation, and other farm purposes 

(4) Applicator means any person, firm, corporation, 
wholesaler, retailer, distributor, any local, state, or 
federal governmental agenc\', or any other person w ho 
applies fertilizer to the land of a consumer or client or 
to land they own or to land which they lease or 
otherwise hold rights. 

(5) Approved treatment, as applied to water supplies, 
means treatment accepted as satisfactory by the 
Division of Environmental Health or Division of 
Water Quality. 

(6) Average (except bacterial) means arithmetical average 
and includes the analvtical results of all samples taken 
during the specified period; all sampling shall be done 
as to obtain the most representative sample under 
prevailing conditions: 

(a) Daily Average for dissolved oxygen, shall be 
of at least four samples; 

(b) Weekly Average means the average of all daily 
composite samples obtained dunng the 
calendar week. If only one grab sample is 
taken each day, the weekly average is the 
average of all daily grab samples. A minimum 
of three daily grab samples is needed to 
calculate a weekly average. 

(c) Monthly Average means the average of all 
daily composites (or grab samples if only one 
per day) obtained during the calendar month. 



The definitions in this Paragraph do not affect the 
monitoring requirements for NPDES permits but 
rather shall be used by the Division along with other 
methodologies in determining violations of water 
qualit>' standards. Arithmetical averages as defined 
by this Section, and not confidence limits nor other 
statistical descripfions, shall be used in all calculations 
of limitations which require the use of averages 
pursuant to this Section and 40 CFR 122.41(l)(4)(iii). 

(7) Best Management Practice (BMP) means a structural 
or nonstructural management-based practice used 
singularly or in combination to reduce nonpoint 
source inputs to receiving waters in order to achieve 
water quality protection goals. 

(8) Best usage ofwaters as specified for each class means 
those uses as determined by the Environmental 
Management Commission in accordance with the 
provisions of G.S. 143-214.1. 

(9) Bioaccumulation factor (BAF) is a unitless value that 
describes the degree to which substances are taken up 
or accumulated into tissues of aquatic organisms from 
water directly and from food or other ingested 
materials containing the accumulated substances, and 
is usually measured as a ratio of a substance's 
concentration in tissue versus its concentration in 
water in situafions where exposure to the substance is 
occurring from both water and the food chain. 

(10) Bioconcentration factor (BCF) is a unitless value that 
describes the degree to which substances are absorbed 
or concentrated into tissues of aquatic organisms from 
water directly and is usually measured as a ratio of 
substance's concentration in tissue versus its 
concentration in water in situations where exposure to 
the substance is occurring from water only. 

(11) Biological integrity means the ability of an aquatic 
ecosystem to support and maintain a balanced and 
indigenous community of organisms having species 
composition, di\ersit}', population densities and 
functional organization similar to that of reference 
conditions. 

(12) Buffer means a natural or vegetated area through 
which stormwater nmofiF flows in a diffuse manner so 
that the runoff does not become channelized and 
which provides for infihration of the runoff and 
filtering of pollutants. The buffer shall be measured 
landward from the normal pool elevation of 
impounded stnictures and from the bank of each side 
of streams or rivers. 

(13) Built-upon area means that portion of a development 
project that is covered by impervious or partially 
impervious cover including buildings, pavement, 
gravel areas (e.g. roads, parking lots, paths), 
recreation facilities (e.g. tennis courts), etc. (Note: 
Wooden slatted decks and the water area of a 
swimming pool are considered per\'ious.) 

(14) Chronic toxicitv* to aquatic life means any harmful 
effect sustained by either resident aquatic populations 
or indicator species used as test organisms in a 



12:21 



NORTH CAROLINA REGISTER 



May 1, 1998 



1906 



APPROVED RULES 



controlled toxiciu test due to long-term exposure 
(relative to the life c>cle of the organism) or exposure 
during a substantial portion of the duration of a 
sensitive penod of tlie life c\cle to a specific chemical 
substance or mixture of chemicals (as in an effluent). 
In absence of extended periods of exposure, early life 
stage or reproductn e toxicity tests may be used to 
define chronic impacts. 

(15) Chronic value for aquatic life means the geometric 
mean of Uvo concentrations identified in a controlled 
toxicit>' test as the No Obsenable Effect 
Concentration (NOEC) and the Lowest Obser\able 
Effect Concentration (LOEC). 

(16) Cluster de\'elopment means the grouping of buildings 
in order to conserve land resources and provide for 
innovation in the design of the project including 
minimizing stormwater runoff impacts. This term 
includes nonresidential development as well as 
single-family residential and multi-family 
developments. For the purpose of Sections .0100. 
.0200 and .0300 of this Subchapter, planned umt 
developments and mixed use de^•elopment shall be 
considered as cluster de\elopment. 

(17) Commercial applicator means any person, firm, 
corporation, wholesaler, retailer, distributor or any 
other person who for hire or compensation applies 
fertilizer to the land of a consumer or client. 

(18) Concentrations are the mass of a substance per 
volume of water and for the purposes of this Section 
shall be expressed as milligrams per liter (mg/1). 
micrograms per liter (ug/1). or nanograms per liter 
(ng/1). 

(19) Contiguous refers to those wetlands landward of the 
mean high water line or normal water le\el and \\ ithin 
575 feet of classified surface waters which appear as 
solid blue lines on the most recently published 
versions of U.S.G.S. 1:24.000 (7.5 minute) scale 
topographic maps. 

(20) Critical area means the area adjacent to a water supply 
intake or resenoir where nsk associated with 
pollution is greater than from the remaining portions 
of the watershed. The critical area is defined as 
extending either Vi mile from the normal pool 
ele\ation of the reser\oir in which the intake is 
located or to the ridge line of the watershed 
(whiche\er comes first); or Vi mile upstream from and 
draining to the intake (or other appropnate 
downstream location associated with the water 
supply) located directly in the stream or nver 
(run-of-the-ri\er). or to the ridge line of the watershed 
(whichever comes first). Since WS-1 watersheds are 
essentially undeveloped, establishment of a critical 
area is not required. Local go\emments may extend 
the critical area as needed Major landmarks such as 
highways or property' lines may be used to delineate 
the outer boundan of the cntical area if these 
landmarks are immediately adjacent to the appropnate 
outer boundan of ' : mile. The Commission mav 



adopt a different critical area size during the 
reclassification process. 

(21) Cropland means agricultural land that is not covered 
by a certified animal waste management plan and is 
used for growing corn, grains, oilseed crops, cotton, 
forages, tobacco, beans, or other \egetables or fruits. 

(22) Designated Nonpoint Source Agenc}' means those 
agencies specified by the Governor in the North 
Carohna Nonpoint Source Management Program, as 
appro\ed b> the Environmental Protection Agenc)'. 

(23) De\elopment means any land disturbing activity 
which adds to or changes the amount of impervious or 
partially impervious cover on a land area or which 
otherwise decreases the infiltration of precipitation 
into the soil. 

(24) Director means the Director of the Division of Water 
Qualm-. 

(25) Discharge is the addition of any man-induced waste 
effluent either directly or indirect!) to state surface 
waters. 

(26) DiMsion means the DiMsion of Water Qualit\' or its 
successors. 

(27) Domestic wastewater discharge means the discharge 
of sewage, non-process industrial wastew ater, other 
domestic wastewater or any combination of these 
items. Domestic wastewater includes, but is not 
limited to. liquid waste generated by domestic water 
using fixtures and appliances, from any residence, 
place of business, or place of public assembly even if 
it contains no sewage. Examples of domestic 
wastewater include once-through non-contact cooling 
water, seafood packing facility discharges and 
wastewater from restaurants. 

(28) Effluent channel means a discemable confined and 
discrete conveyance which is used for transporting 
treated wastewater to a receiMUg stream or other body 
of water as provided in Rule .0215 of this Section. 

(29) Existing de\elopment for projects that do not require 
a state permit, shall be defined as those projects that 
are built or those projects that at a minimum have 
established a vested right under North Carolina 
zoning law as of the effective date of the local 
go\emment water supply ordinance, or such earlier 
time that an affected local go\emment's ordinances 
shall specify, based on at least one of the following 
catena: 

(a) substantial ex'penditiu'es of resources (time, 
labor, money) based on a good faith reliance 
upon ha\ing recei\ed a valid local government 
appro\al to proceed with the project, or 

(b) haung an outstanding \alid building permit in 
comphance with G.S. 153A-344.1 or G.S. 
160A-385.1,or 

(c) ha\ing an appro\ed site specific or phased 
development plan in compliance with G.S. 
153A-344.1 or G.S. 160A-385.1. 

For projects that reqiure a state permh. such as landfills. 
NPDES wastewater discharges, land application of 



1907 



NORTH CAROLINA REGISTER 



Mav 1, 1998 



12:21 



APPROVED RULES 



residuals and road construction activities, existing 
development shall be defined as those projects that are 
built or those projects for which a state pennit was issued 
prior to August 3, 1992. (38) 

(30) Existing uses mean uses actually attained in the water 
body, in a significant and not incidental manner, on or 
after November 28, 1975, whether or not they are 
included in the water quality standards, which either 
have been actually available to the public or are uses 
deemed attainable by the Environmental Management 
Commission. At a minimum, uses shall be deemed 
attainable if they can be achieved by the imposition of (39) 
effluent limits and cost-efFecti\'e and reasonable best 
management practices (BMPs) for nonpoint source 

control. (40) 

(31) Family subdivision means a division of a tract of land : 

(a) to convey the resulting parcels, with the 
exception of parcels retained by the grantor, to 
a relative or relatives as a gift or for nominal 
consideration, but only if no more than one 
parcel is conveyed by the grantor from the tract 
to any one relative; or 

(b) to divide land from a common ancestor among (4 1 ) 
tenants in common, all of whom inherited by 
intestacy or by will. (42) 

(32) Fertilizer means any substance containing nitrogen or 
phosphorus which is used primarily for its plant food 
content. 

(33) Fishing means the taking of fish by sport or 
commercial methods as well as the consumption of 
fish or shellfish or the propagation of fish and such 
other aquatic life as is necessary to provide a suitable 
environment for fish. 

(34) Forest vegetation means the plants of an area which 

grow together in disturbed or undisturbed conditions (43) 

in various wooded plant communities in any 
combination of trees, saplings, shrubs, vines and 
herbaceous plants. This includes mature and 
successional forests as well as cutover stands. 

(35) Freshwater means all waters that under natural 
conditions would have a chloride ion content of 500 

mg/1 or less. (44) 

(36) Industrial discharge means the discharge of industrial 
process treated wastewater or wastewater other than 
sewage. Stormwater shall not be considered to be an 
industrial wastewater unless it is contaminated with 
industrial wastewater. Industrial discharge includes: 

(a) wastewater resulting from any process of (45) 
industry or manufacture, or from the 
development of any natural resource; 

(b) wastewater resulting from processes of trade or 
business, including wastewater from 
laundromats and car washes, but not 
wastewater from restaurants; or 

(c) wastewater discharged from a municipal 
wastewater treatment plant requiring a (46) 
pretreatment program. 

(37) Land-disturbing activity means any use of the land 



that results in a change in the natural cover or 

topography that may cause or contribute to 

sedimentation. 

LC50 means that concentration of a toxic substance 

which is lethal (or immobilizing, if appropriate) to 50 

percent of the organisms tested during a specified 

exposure period. The LC50 concentration for toxic 

materials shall be determined for sensitive species as 

defined by Subparagraph (43) of this Rule under 

aquatic conditions characteristic of the receiving 

waters. 

Local government means a city or county in singular 

or plural as defined in G.S. 160A-1(2) and G.S. 

158A-10. 

Lower piedmont and coastal plain waters mean those 

waters of the Catawba River Basin below Lookout 

Shoals Dam; the Yadkin River Basin below the 

junction of the Forsyth, Yadkin, and Davie County 

lines; and all of the waters of Cape Fear, Lumber, 

Roanoke, Neuse, Tar-Pamlico, Chowan. Pasquotank, 

and White Oak River Basins; except tidal salt waters 

which are assigned S classifications. 

MF is an abbreviation for the membrane filter 

procedure for bacteriological analysis. 

Major variance means a variance from the minimum 

statewide watershed protection rules that results in the 

rela.xation, by a factor greater than five percent of any 

buffer, density or built-upon area requirement under 

the high density option; any variation in the design, 

maintenance or operation requirements of a wet 

detention pond or other approved stonnwater 

management system; or relaxation by a factor greater 

than 10 percent, of any management requirement 

under the low density option. 

Minor variance means a variance from the minimum 

statewide watershed protection rules that results in a 

relaxation, by a factor of up to five percent of any 

buffer, density or built-upon area requirement under 

the high density option; or that results in a relaxation 

by a factor up to 10 percent, of any management 

requirement under the low density option. 

Mixing zone means a region of the receiving water in 

the vicinity of a discharge within which dispersion 

and dilution of constituents in the discharge occurs 

and such zones shall be subject to conditions 

established in accordance with 15A NCAC 2B 

.0204(b). 

Mountain and upper piedmont waters mean all of the 

waters of the Hiwassee; Little Tennessee, including 

the Savannah River drainage area; French Broad; 

Broad; New; and Watauga River Basins; and those 

portions of the Catawba Ri\ er Basin above Lookout 

Shoals Dam and the Yadkin River Basin above the 

junction of the Fors>1h, Yadkin, and Davie County 

lines. 

Nonconforming lot of record means a lot described by 

a plat or a deed that was recorded prior to the 

effective date of local watershed regulations (or their 



12:21 



NORTH CAROLINA REGISTER 



May 1, 1998 



1908 



APPROVED RULES 



amendments) that does not meet the minimum lot-size 
or other development requirements of Rule .021 1 of 
this Subchapter. (54) 

(47) Nonpoint source pollution means pollution which 
enters waters mainly as a result of precipitation and 
subsequent runoff from lands which have been 
disturbed by man's activities and includes all sources 
of water pollution which are not required to ha\e a 

permit in accordance with G.S. 143-215. 1(c). (55) 

(48) Non-process discharge means industrial effluent not 
directly resulting from the manufacturing process. An 
example would be non-contact cooling water from a 
compressor. 

(49) Nutrient sensitive waters mean those waters which are (56) 
so designated in the classification schedule in order to 

limit the discharge of nutrients (usually nitrogen and (57) 

phosphorus). They are designated by "NSW" 
following the water classification. 

(50) Offensive condition means any condition or 
conditions resulting from the presence of sewage, 
industrial wastes or other wastes within the waters of (58) 
the state or along the shorelines thereof which shall 

either directly or indirectly cause foul or noxious 
odors, unsightly conditions, or breeding of abnormally 
large quanfifies of mosquitoes or other insect pests, or 
shall damage pri\'ate or public water supplies or other 
structures, result in the development of gases which 
destroy or damage surrounding property, herbage or 
grasses, or which may cause the impairment of taste, 
such as from fish flesh tainting, or affect the health of 
any person residing or working in the area. 

(51) Primary Nursery Areas (PNAs) are tidal saltwaters 
which pro\ide essential habitat for the early 
de\elopment of commercially important fish and 
shellfish and are so designated by the Marine 
Fisheries Commission. 

(52) Priman- recreation includes swimming, skin di\ing, 
skiing, and similar uses imohing huinan body contact 
with water where such activities take place in an 
organized or on a frequent basis. 

(53) Protected area means the area adjoining and upstream 

of the cntical area in a WS-IV water supply in which (59) 

protection measures are required. The boundaries of 

the protected areas are defined as within fi\'e miles of 

the normal pool ele\ation of the reservoir and (60) 

draining to water supply reservoirs (measured from 

the normal pool elevation) or to the ridge line of the 

watershed (whichever comes first); or 10 miles 

upstream and draining to the intake located directly in 

the stream or river (run-of-the-river), or to the ridge 

line of the watershed (whichever comes first). Local 

governments may extend the protected area. Major 

landmarks such as highways or property lines may be 

used to delineate the outer boundary of the protected 

area if these landmarks are immediately adjacent to 

the appropriate outer boimdary of five or 1 miles. In (61) 

some cases the protected area shall encompass the 

entire watershed. The Commission may adopt a 



different protected area size during the reclassification 

process. 

Residential development means buildings for 

residence such as attached and detached single fainily 

dwellings, apartment complexes, condominiums, 

townhouses. cottages, and their associated 

outbuildings such as garages, storage buildings, and 

gazebos. 

Residuals means any solid or demisolid waste 

generated from a wastewater treatment plant, water 

treatment plant or air pollution control facility 

permitted under the authority of the Environmental 

Management Commission. 

Riparian area means an area that is adjacent to a body 

of water. 

Secondary,' recreafion includes wading, boating, other 

uses not involving human body contaa with water, 

and activities involving human body contact with 

water where such activities take place on an 

infrequent, unorganized, or incidental basis. 

Sensitive species for aquatic toxicity testing is any 

species utilized in procedures accepted by the 

Commission or its designee in accordance with Rule 

.0103 of this Subchapter, or the following genera: 



(a) 
(b) 
(c) 
(d) 
(e) 
(f) 
(g) 
(h) 
(1) 
0) 
(k) 
(1) 
(m) 
(n) 

(0) 

(P) 

(q) 



Daphnia; 

Ceriodaphnia; 

Salmo; 

Pimephales; 

Mysidopsis; 

Champia; 

Cyprinodon; 

Arbacia; 

Penaeus; 

Menidia: 

Notropis; 

Salvelinus: 

Oncorhynchus; 

Selenastrum; 

Chironomus; 

Hyalella; 

Lumbriculus. 



Shellfish culture includes the use of waters for the 
propagation, storage and gathering of oysters, clams, 
and other shellfish for market purposes. 
Stormwater collection system means any conduit, 
pipe, channel, curb or gutter for the primary purpose 
of transporting (not treating) runoff. A stormwater 
collection s\ stem does not include vegetated swales, 
swales stabilized with armoring or alternative methods 
where natural topography prevents the use of 
vegetated swales (subject to case-by-case review), 
curb outlet systems or pipes used to earn- drainage 
underneath built-upon surfaces that are associated 
with development controlled by the provisions of 15A 
NCAC2H. 1003(c)(1). 

Source of water supply for dnnking. culinar.- or 
food-processing purposes means any source, either 
public or pri\ate. the waters from which are used for 



1909 



NORTH CAROLINA REGISTER 



May 1, 1998 



12:21 



APPROVED RULES 



human consumption, or used in connection with the 
processing of milk, be\erages. food, or other purpose 
which requires water suitable for human consumption. 

(62) S\\amp waters mean those waters which are classified 
by the Emironmental Management Commission and 
which are topographically located so as to generally 
ha^•e ver>' low \elocities and other characteristics 
which are different from adjacent streams draining 
steeper topography. They are designated by "Sw" 
following the water classification. 

(63) Tidal salt waters mean all tidal waters which are 
classified by the Emironmental Management 
Commission which generally ha\e a natural chloride 
ion content in excess of 500 parts per million and 
include all waters assigned S classifications. 

(64) Toxic substance or toxicant means any substance or 
combination of substances (including disease-causing 
agents), which after discharge and upon exposure, 
ingestion, inhalation, or assimilation into any 
organism, either directly from the environment or 
indirectly by ingestion through food chains, has the 
potential to cause death, disease, behavioral 
abnormalities, cancer, genetic mutations, 
physiological malfunctions (including malfunctions or 
suppression in reproduction or growth) or physical 
deformities in such organisms or their offspring. 

(65) Trout waters are those waters which ha%e conditions 
which shall sustain and allow for trout propagation 
and sur^i\al of stocked trout on a > ear-round basis. 
These waters shall be classified by the Commission 
after considering the requirements of Rule 0101(b) 
and (c) of this Subchapter and include all waters 
designated by "Tr" in the water classification. 

(66) Waste disposal includes the use of w aters for disposal 
of sewage, industnal waste or other waste after 
appro\ed treatment. 

(67) Water dependent structures are those structures for 
which the use reqmres access or proximit} to or siting 
within surface waters to fulfill its basic purpose, such 
as boat ramps, boat houses, docks and bulkheads. 
Ancillary facilities such as restaurants, outlets for boat 
supplies, parking lots and commercial boat storage 
areas are not water dependent structures. 

(68) Water quality based effluent limits and best 
management practices are limitations or best 
management practices de\eloped by the Di\ision for 
the purpose of protecting water qualit>' standards and 
best usage of surface waters consistent with the 
requirements of G.S. 143-214. 1 and the Federal Water 
Pollution Control Act as amended. 

(69) Waters with quality.' higher than the standards means 
all waters for which the determination of waste load 
allocations (pursuant to Rule .0206 of this Section) 
indicates that water quaht\' is sufficiently greater than 
that defined by the standards such that significant 
pollutant loading capacit>' still exists in those waters. 

(70) Watershed means the entire land area contributing 
surface drainage to a specific point. For the purpose 



of the water supply protection rules in 15 A NCAC 2B 
.0104 and .0211 local go%emments may use major 
landmarks such as highways or propert>' lines to 
delineate the outer boundary of the drainage area if 
these landmarks are immediately adjacent to the 
ridgeline. 
(71) Wetlands are "waters" as defined by G.S. 143-212(6) 
and are areas that are inundated or saturated by an 
accumulation of surface or ground water at a 
frequenc>' and duration sufficient to support, and that 
under normal circumstances do support, a pre\alence 
of vegetation t},'pically adapted for life in saturated 
soil conditions. Wetlands generally include swamps, 
marshes, bogs and similar areas. Wetlands classified 
as waters of the state are restricted to waters of the 
United States as defined by 33 CFR 328.3 and 40 
CFR 230.3. 

History' Note: Authority G.S. 143-214.1: 143-2 15.3(a)(1); 

Eff. February 1. 1976; 

Amended Eff. August 1, 1995; February 1. 1993: August 3, 

1992; August 1, 1990; 

RRC Objection Eff. July 18, 1996 due to lack of statutory 

authority and ambiguity; 

Amended Eff. August l_ 1998; October 1, 1996. 

.0236 NEUSE RIVER BASES- NUTRIENT SENSITIVE 
WATERS MANAGEMENT STRATEGY: 
AGRICULTURAL NITROGEN LOADING 
REDUCTION 

All persons engaging in agricultural operations in the Neuse 
River Basin, including those related to crops, livestock, and 
poultn-, shall collecti\ely achie^•e and maintain a 30 percent net 
total nitrogen loading reduction from the cumulati\e average 
1991-1995 nitrogen loadings. In addition to requirements set 
forth in general permits for animal operations issued pursuant to 
G.S. 143-215 IOC. these Rules apply to all livestock and poultry 
operations, regardless of size, in the Neuse River Basin. A 
management strategy to achieve this reduction is specified in 
Rule .0238 of this Section. 



History Note: Authority 
143. 215. 3(a)(1). 
Eff. August 1 . 1998. 



.0240 



G. S. 143.214.1: 143.214.7; 



NEUSE RTVER BASIN - NUTRIENT 
SENSITIVE WATERS 
MANAGEMENT STRATEGY:NUTRIENT 
OFFSET PAYMENTS 

(a) Nutrient offset payments made as part of fulfilling 
requirements of the Neuse River Nutrient Sensiti^•e Waters 
Management Strategy shall be paid to the North Carolina 
Wetland Restoration Fund. Monies paid to this fiind pursuant to 
this Rule shall be targeted toward restoration of wetlands and 
nparian areas within the Neuse Ri\er Basin. 

(b) A cost effectiveness rate shall be established by the 
Di\ision that represents the cost to achie\e a reduction of one 
kilogram (1 kg) or one pound (1 lb) of total nitrogen per year 



12:21 



NORTH CAROLINA REGISTER 



May 1, 1998 



1910 



APPROVED RULES 



through the use of nitrogen reduction measures. The rate shall 
be penodically updated by the Di\'ision based on the availabilit> 
of new cost or effecti%eness data. The rate shall be t\\ enr>"-three 
dollars per kilogram per year ($23/kg/year) or eleven dollars per 
pound per year ($1 1 /lb/year). 

(c) The offset payment shall be an amount sufficient to fimd 
30 years of nitrogen reduction. For loading offset in the 
wastewater discharge found in rule 15A NCAC 2B .0234. 
payment shall be made pnor to pennit issuance. For loading 
offset in the stormwater rule found in 15A NCAC 2B .0235. 
payment shall be made pnor to appro\al of the de\elopment 
plan. 

(d) The nitrogen reduction credit associated with restored 
wetlands and npanan areas funded under this Rule shall be 
awarded e.xclusnely to the person. municipalit>'. discharger or 
group of dischargers who paid the offset fee. 

Hislory- Xote: Authority G. S. 143-214. 1. 
Eff.Aimist l. 1998. 

SECTION .0300 - ASSIGNMENT OF STREAM 
CLASSIFICATIONS 

.0304 FRENCH BROAD RIVTR BASEN 

(a) The schedule may be inspected at the following places: 

(1) Clerk of Court: 
Aveiy Count)' 
Buncombe Count}' 
HaN"\\ood Count}' 
Henderson Count}' 
Madison Count}' 
Mitchell Count}' 
Trans}'hania Count} 
Yancey Count}' 

(2) North Carolina Department of Environment and 
Natural Resources 

Asheville Regional Office 
Interchange Building 
59 Woodfin Place 
Asheville. North Carolina. 

(b) Unnamed Streams. Such streams entering Tennessee will 
be classified "B." 

(c) The French Broad Ri\'er Basin Schedule of Classifications 
and Water Qualits' Standards was amended effective: 

(1) September 22. 1976: 

(2) March 1. 1977; 

(3) August 12. 1979; 

(4) Apnl 1. 1983; 

(5) August 1. 1984; 

(6) August 1. 1985; 

(7) Februan' 1. 1986; 

(8) May 1. 1987; 

(9) March 1. 1989; 

(10) October 1. 1989; 

(11) January 1. 1990; 

(12) .A.ugust 1. 1990; 

(13) .August 3. 1992; 

(14) October 1. 1993; 



(15) July 1.1995; 

(16) November 1. 1995; 

(17) Januan 1. 1996; 

(18) Apnl 1. 1996; 

(19) August 1. 1998. 

(d) The Schedule of Classifications and Water Qualit} 
Standards for the French Broad River Basin was amended 
effective March 1, 1989 as follows: 

( 1 ) Cataloochee Creek (Index No. 5-4 1 ) and all tributary 
waters were reclassified from Class C-trout and Class 
C to Class C-trout ORW and Class C ORW. 

(2) South Fork Mills River (Index No. 6-54-3) down to 
Queen Creek and all tnbutaries were reclassified from 
Class WS-I and Class WS-III-trout to Class WS-I 
ORW and Class WS-III-trout ORW. 

(e) The Schedule of Classifications and Water Qualit}' 
Standards for the French Broad River Basin was amended 
effective October 1, 1989 as follows: Cane River (Index No. 
7-3) from source to Bow lens Creek and all tributaries were 
reclassified from Class C trout and Class C to Class WS-III trout 
and Class WS-III. 

(f) The Schedule of Classifications and Water Qualit}' 
Standards for the French Broad River Basin was amended 
effective Januan.' 1. 1990 as follows: North Toe River (Index 
No. 7-2) from source to Cathis Creek (Chnst Branch) and all 
tnbutanes were reclassrfied from Class C trout and Class C to 
Class WS-III trout and Class WS-III. 

(g) The Schedule of Classifications and Water Qualit}' 
Standards for the French Broad River Basin was amended 
effective August 3. 1992 with the reclassification of all water 
supply waters (waters with a pnman.' classification of WS-I. 
WS-II or WS-III). These waters were reclassified to WS-I, 
WS-n. WS-m, WS-IV or WS-V as defined in the re^ised water 
supply protection rules. (15ANCAC 2B .0100. .0200 and .0300) 
which became effectne on August 3. 1992. In some cases, 
streams with pnman' classifications other than WS were 
reclassified to a WS classification due to their proximit}' and 
linkage to water supply waters. In other cases, waters were 
reclassified from a WS classification to an alternate appropriate 
pnman classification after being identified as dow nstream of a 
water supply intake or identified as not being used for water 
supply purposes 

(h) The Schedule of Classrfications and Water Qualit}' 
Standards for the French Broad Ri\er Basin was amended 
effecti\'e October 1. 1993 as follows: Reasonover Creek [Index 
No. 6-38-14-(l)] from source to Reasonover Lake Dam and all 
tributaries were reclassified from Class B Trout to Class WS-V 
and B Trout and Reasonover Creek [Index No. 6-38-14-(4)] 
from ReasonoN'er Lake Dam to Lake Julia Dam and all 
tnbutanes were reclassified from Class C Trout to Class WS-V 
Trout. 

(i) The Schedule of Classifications and Water Qualit}' 
Standards for the French Broad Ri\'er Basin was amended 
effective July 1. 1995 with the reclassification of Cane Creek 
[Index Nos. 6-57-(l) and 6-57-(9)] from its source to the French 
Broad River from Classes WS-IV and WS-IV Tr to Classes 
WS-V. WS-V Tr and WS-IV. 

(j) The Schedule of Classifications and Water Qualit}' 



1911 



NORTH C.AROLISA REGISTER 



May 1, 1998 



12:21 



APPROVED RULES 



Standards for the French Broad River Basin was amended 
efiFective November 1. 1995 as follows: North Toe River [Index 
Numbers 7-2-(0.5) and 7-2-(37.5)] from source to a point 0.2 
miles downstream of Banjo Branch, including tributaries, has 
been reclassified from Class WS-IIl. WS-111 Trout and WS-111 
Trout CA (critical area) to Class WS-IV Trout, WS-IV. WS-IV 
Trout CA. and C Trout. 

(k) The Schedule of Classifications and Water Quality 
Standards for the French Broad Ri\'er Basin was amended 
effective January 1, 1996 as follows: Stokely Hollow [Index 
Numbers 6-1 2 1.5-(1) and 6-121. 5-(2)] from source to mouth of 
French Broad River has been reclassified from Class WS-11 and 
Class WS-II CA to Class C. 

(1) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended April 
1, 1996 with the reclassification of the French Broad River 
[Index No. 6-(l)] from a point 0.5 miles downstream of Little 
River to Mill Pond Creek to Class WS-IV: French Broad Ri\er 
[Index No. 6-(51.5)] from a point 0.6 miles upstream of Mills 
River to Mills River to Class WS-IV CA (Crifical Area), from 
Mills River to a point 0. 1 miles upstream of Boring Mill Branch 
to Class C; and the Mills River [Index No. 6-54-(5)] was 
reclassified from City of Hendersonville water supply intake to 
a point 0.7 miles upstream of mouth of Mills River to Class 
WS-in. and from a point 0.7 miles upstream of mouth of Mills 
River to French Broad River to Class WS- III CA (Critical 
Area). 

(m) The Schedule of Classifications and Water Qualit>' 
Standards for the French Broad River Basin was amended 
August 1. 1998 with the re\ision to the primary classification for 
portions of the French Board River [Index No. 6-(38.5)] and the 
North Toe River 7-2-(10.5) from Class IV to Class C 

(n) The schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
August 1, 1998 with the reclassification of Clear Creek [Index 
No. 6-55-(l)] fi-om its source to Lewis Creek from Class C Tr to 
Class B Tr. 

History Note: Authority G.S. 143-214.1: 143-215.1: 

143-215. 3(a)(1): 

Eff. February 1. 1976: 

Amended Eff. Ausust 1, 1998 : April 1, 1994: February 1. 1993: 

August 3, 1992: April 1, 1992. 

.0306 BROAD RTVER BASIN 

(a) The schedule may be inspected at the following places: 

(1) Clerk of Court: 
Buncombe County 
Cleveland County 
Gaston County 
Henderson County 
Lincoln County 
McDowell County 
Polk County 
Rutherford County 

(2) North Carolina Department of Environment and 
Natural Resources: 

(A) Mooresville Regional Office 



919 North Main Street 
Moores\ille, North Carolina 
(B) Asheville Regional Office 
Interchange Building 
59 Woodfin Place 
Asheville. North Carolina. 

(b) Unnamed Streams. Such streams entering South Carolina 
are classified "C." 

(c) The Broad River Basin Schedule of Classifications and 
Water Quality Standards was amended effective: 

(1) March 1. 1977; 

(2) February 12, 1979; 

(3) August 12. 1979; 

(4) April 1. 1983; 

(5) Febniarv' 1. 1986; 

(6) Augusts, 1992; 

(7) September 1. 1994; 

(8) August 1. 1998. 

(d) The Schedule of Classifications and Water Quality 
Standards for the Broad Ri\er Basin was amended effective 
August 3. 1992 with the reclassification of all water supply 
waters (waters with a primary classification of WS-I. WS-II or 
WS-III). These waters were reclassified to WS-I. WS-II. WS- 
III. WS-IV or WS-V as defined in the revised water supply 
protection rules. (15A NCAC 28 .0100, .0200 and .0300) which 
became eJTective on August 3, 1992. In some cases, streams 
with primary classifications other than WS were reclassified to 
a WS classification due to their proximity and linkage to water 
supply waters. In other cases, waters were reclassified from a 
WS classification to an alternate appropriate primary' 
classification after being identified as downstream of a water 
supply intake or identified as not being used for water supply 
purposes. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Broad River Basin was amended effective 
September 1. 1994 with the reclassification of the Second Broad 
River [Index No. 9-41 -(0.5)] from its source to Roberson Creek 
including associated tributaries was reclassified from Class WS- 
V to Classes WS-V, WS-IV and WS-IV CA. 

(f) The Schedule of Classifications and Water Quality 
Standards for the Broad Ri\er Basin was amended effective 
August 1. 1998 with the revision to the primary classification for 
portions of the Broad Ri\er [Index No. 9-(23.5)] from Class 
WS-IV to Class C and Second Broad River [Index Nos. 9-41- 
(10.5) and 9-41-(14.5)] and First Broad River [Index No. 9-50- 
(11)] from Class WS-IV to Class WS-V. 

History Note: Authority G.S. 143-214.1: 143-215.1; 

143-2 15. 3(a)(1): 

Eff. February 1, 1976: 

Amended Eff August 1^ 1998: September 1, 1994: August 3, 

1992: February 1, 1986: January 1. 1985. 

.0307 NEW RIVER BASIN 

(a) The schedule may be inspected at the following places: 
(1) Clerk of Court: 
Alleghany County 
Ashe County 



12:21 



NORTH CAROLINA REGISTER 



Mav 1, 1998 



1912 



APPROVED RULES 



Watauga CounU' 
(2) North Carolina Department of En\ironment and 
Natural Resources: 

(A) Asheville Regional Office 
Interchange Building 

59 Woodfin Place 
Ashe\ille. North Carolina 

(B) Winston-Salem Regional Office 

8025 North Point Boule\ard. Suite 100 
Winston-Salem. North Carolina. 

(b) Unnamed Streams Such streams entenng the State of 
Tennessee are classified "C," 

(c) The New Ri\er Basin Schedule of Classifications and 
Water Quality* Standards was amended efFecti\e: 

(1) August 10. 1980; 

(2) Apnl 1. 1983; 

(3) Febniar>- 1. 1986; 

(4) August 1, 1989; 

(5) August 1. 1990; 

(6) August 3. 1992; 

(7) Febniars' 1, 1993; 

(8) August 1. 1998. 

(d) The Schedule of Classifications and Water Qualm 
Standards for the New River Basin was amended effecti\e Juh 
1, 1989 as follows: 

(1) South Fork New River [Index No. 10-l-(30)] from 
Dog Creek to New River and all tributan,' waters were 
reclassified from Class C-trout and Class C to Class 
B-trout and B 

(e) The Schedule of Classifications and Water Qualit>' 
Standards for the New Ri\er Basin was amended effective 
August 3, 1992 with the reclassification of all water supply 
waters (waters with a primary- classification of WS-I. WS-II or 
WS-III). These waters were'reclassified to WS-I. WS-II. WS- 
III. WS-IV or WS-V as defined in the revised water supply 
protection rules. (15ANCAC 2B .0100. .0200 and .0300) which 
became effective on .August 3. 1992. In some cases, streams 
with primary classifications other than WS were reclassified to 
a WS classification due to their proximit>' and linkage to water 
supply waters. In other cases, waters were reclassified from a 
WS classification to an alternate appropriate priman 
classification after being identified as downstream of a water 
supply intake or identified as not being used for water supply 
purposes. 

(f) The Schedule of Classifications and Water Qualm- 
Standards for the New River Basin has been amended effecti\'e 
Februan- 1. 1993 as follows: 

(1) the South Fork New River (Index No. 10-1-33.5) 
from Dog Creek to the New Ri^ er was reclassified 
from Class B HQW to Class B ORW; 

(2) theNew River (Index No, 10) from the confluence of 
the North And South Fork New Rivers to the last 
point at which it crosses the NCA'^A State line was 
reclassified from Class C HQW to Class C ORW; and 

(3) Old Field Creek (Index No. 10-1-22) from Call Creek 
to the South Fork New Ri\er. and Call Creek (Index 
No. 10-1-22-1) from its source to Old Field Creek 
were reclassified from Class WS-IV Trout to Class 



WS-IV Trout ORW. 
(g) The Schedule of Classifications and Water Quality 
Standards for the New Ri%er Basm was amended effecti\e 
August 1. 1998 with the rcMSion to the pnmar}' classification for 
a portion of the South Fork New Ri\er [Index No. 10-1 (20.5)] 
from Class WS-IV to Class WS-V. 

History Sote: Authority G.S. 143-214.1: 143-215.1: 

143-215. 3(a)(1): 

Eff. February 1. 1976: 

Amended Eff. Ausust L_ 1998: February 1, 1993: August 3. 

1992: August 1, 1990: August 1, 1989. 

.0308 CATAWBA RIVER BASIN 

(a) The schedule ma>" be inspected at the following places: 

(1) Clerk of Court: 
Alexander Count}" 
Avery Count}' 
Burke Count)' 
Caldwell Countv' 
Catawba Coimty 
Gaston Count>' 
Iredell County 
Lincoln Coimt>' 
McDowell Count)' 
Mecklenburg Count)' 
Union Count)" 
Watauga Count)' 

(2) North Carolina Department of Emironment and 
Natural Resources: 

(A) Moores\ille Regional Office 
9 1 9 North Main Street 
Moores\ille. North Carolina 

(B) Asheville Regional Office 
Interchange Building 

59 Woodfin Place 
Ashe\ille. North Carolina. 

(b) Unnamed Streams. Such streams entenng South Carolina 
are classified "C." 

(c) The Catawba River Basin Schedule of Classrfications and 
Water Qualit)" Standards was amended effecti\"e: 

(1) March I. 1977; 

(2) August 12. 1979; 

(3) Apnl 1. 1982; 

(4) Januan" 1. 1985; 

(5) August 1. 1985; 

(6) Febrtian" I. 1986; 

(7) March i. 1989; 

(8) May 1. 1989; 

(9) March 1. 1990; 

(10) August 1. 1990; 

(11) August 3. 1992; 

(12) Apnl I. 1994; 

(13) July 1. 1995; 

(14) September 1. 1996; 

(15) August 1. 1998. 

(d) The Schedule of Classifications and Water Qualm 
Standards for the Catawba River Basm was amended effecti\"e 



1913 



NORTH CAROLINA REGISTER 



May 1, 1998 



12:21 



APPROl'ED RULES 



March 1, 1989 as follows: 

(1) Wilson Creek (Index No. 1 1-38-34) and all tributan' 
waters were reclassified from Class B-trout and Class 
C-trout to Class B-trout ORW and Class C-trout 
ORW. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended efiFecti\e 
May 1. 1989 as follows: 

(1) Henry- Fork [Index Nos. 11-129-1-(1) and 
1 1-129-1 -(2)] from source to Laurel Creek, includmg 
all tributaries, were reclassified from Class WS-1, C 
and C trout to Class WS-I ORW. C ORW and C trout 
ORW, except Ivy Creek and Rock Creek which will 
remain Class C trout and Class C. 

(2) Jacob Fork [Index Nos. ll-129-2-(l) and 
1 1-129-2-(4)] from source to Camp Creek, including 
all tributaries, were reclassified from Class WS-III 
trout and WS-IIl to WS-llI trout ORW and WS-III 
ORW. 

(f) The Schedule of Classifications and Water Quality' 
Standards for the Catawba River Basin v\as amended effective 
March 1. 1990 as follows: 

(1) Upper Creek [Index No. 1 l-35-2-(l)] from source to 
Timbered Branch including all tributaries except 
Timbered Branch (Index No. 11-35-2-9) was 
reclassified from Class C Trout to Class C Trout 
ORW. 

(2) Steels Creek [Index No. 11-35-2-12(1)] from source 
to Little Fork and all tributaries was reclassified from 
Class C Trout to Class C Trout ORW. 

(g) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effecti^■e 
August 3. 1992 with the reclassification of all water supply 
waters (waters with a primary classification of WS-I. WS-II or 
WS-III). These waters were reclassified to WS-I, WS-II. WS- 
III. WS-IV or WS-V as defined in the revised water supply 
protection rules. (15ANCAC 2B .0100. .0200 and .0300) which 
became effective on August 3, 1992. In some cases, streams 
with primary classifications other than WS were reclassified to 
a WS classification due to their proximity and linkage to water 
supply waters. In other cases, waters were reclassified from a 
WS classification to an alternate appropriate primary 
classification after being identified as downstream of a water 
supply intake or identified as not being used for water supply 
purposes. 

(h) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
Apnl 1, 1994 as follows: 

(1) Friday Lake (Index No. 1 1-125.5) from its source to 
Little Paw Creek was reclassified from Class C to 
Class B. 

(2) The LinviUe River [Index No. 12-29-(l)] from 
Grandmother Creek to Linville Falls was reclassified 
from Class C Tr to Class B Tr. 

(i) The Schedule of Classifications and Water Quality 
Standards for the Catawba Ri\'er Basin was amended effective 
July 1, 1995 with the reclassification of Clark Creek from a 
point 0.6 mile downstream of Catawba County SR 2014 to 0.4 



mile upstream of Larkard Creek [Index No. 1 1-129-5-(4.5)], and 
Howards Creek from its source to 0.7 mile upstream of Lincoln 
Count>' State Road 1200 [Index No. 11-129-4], including 
associated tributaries from Class WS-IV to Classes C and 
WS-IV. 

(j) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
September 1, 1996 as follows: 

(1) North Fork Catawba River [Index No. ll-24-(l)] 
from Laurel Branch to Armstrong Creek from Class C 
Tr to Class B Tr; and 

(2) Catawba River (Lake Hickory) from Rhodhiss dam to 
highway 321 [Index No. 11-(51)] from Class WS- 
IVCA to Class WS-IV&B CA. 

(k) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
August 1, 1998 with the revision to the primary classification for 
portions of the South Fork Catawba River [Index No. 11-129- 
(0.5)] and Hovle Creek [Index No. 1 1-129-15-(1)] from Class 
WS-IV to Class WS-V. 

(1) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
August 1. 1998 as follows: 

(1) Mill Creek [Index No. 11-7] from its source to 
Swannanoa Creek, including all tributaries, from 
Class C Tr to Class C Tr HQW; and 

(2) Toms Creek [Index Nos 11-21-(1) and 11 -21 -(2)] 
from its source to Harris Creek, including all 
tributaries, from Class C Tr to Class C Tr HQW and 
from Harris Creek to McDowell County SR 1434, 
including all tributaries, from Class C to Class C 
HQW. 

(m) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin v\as amended effective 
August 1, 1998 with the reclassification of Howards Creek 
[Index No. ll-129-4-(0.7)] from Class WS-IV to Class C; 
Clarks Creek [Index No. 1 1-129-5-(7.5)] from Class WS-IV to 
Class C; Indian Creek [Index No. 1 1-129-8-(5)] from Class WS- 
IV to Class C: and Beaver Creek [Index No. 11-129-9] from 
Class WS-IV to Class C. 



G.S. 143-214.1: 



J 43-2 15.1: 



History Note: Authority 

143-2 15. 3(a)(1): 

Eff. February 1, 1976: 

Amended EfT. A usust 1, 1998 : September 1, 1996: July 1. 1995: 

April 1. 1994: August 3. 1992: August 1. 1990. 

.0309 YADKIN-PEE DEE RIVER BASIN 

(a) The schedule may be inspected at the following places: 
(1) Clerk of Court: 

Alexander County 
Anson County 
Cabarrus County 
Caldwell County 
Davidson County 
Davie County' 
Forsyth County 
Guilford Countv 



12:21 



NORTH CAROLINA REGISTER May 1, 1998 



1914 



APPROVED RULES 



Iredell Count>' 
Mecklenburg Count>" 
Montgomen Count>- 
Randolph Count>' 
Richmond Count}' 
Rowan Count> 
Stanly Count}' 
Stokes Count}' 
Surr}- Count}' 
Umon Count}' 
Watauga Count}' 
Wilkes Count}' 
Yadkin Count}' 
(2) North Carolina Department of Emironment and 
Natural Resources: 

(A) Moo^es^'llle Regional Office 
919 North Mam Street 
Moores\ille, North Carolina 

(B) Wmston-Salem Regional Office 

8025 North Pomt Boule\'ard. Suite 100 
Winston-Salem. North Carolina 

(C) Fayetteville Regional Office 
Wachovia Building 

Suite 714 

Fayetteville, North Carolina 

(D) Asheville Regional Office 
Interchange Building 

59 Woodfin Place 
Ashe\'ille, North Carolina. 

(b) Uimamed Streams. Such streams entering Virginia are 
classified "C." and such streams entenng South Carolina are 
classified "C." 

(c) The Yadkin-Pee Dee Ri\'er Basin Schedule of 
Classifications and Water Qualit}' Standards was amended 
effective: 

(1) Februaiy 12. 1979; 

(2) March 1, 1983; 

(3) August 1, 1985; 

(4) Februar} 1, 1986; 

(5) October 1. 1988; 

(6) March 1. 1989; 

(7) January 1, 1990; 

(8) August 1. 1990; 

(9) Januaiy 1. 1992; 

(10) Apnl 1. 1992; 

(11) August 3. 1992; 

(12) December 1. 1992; 

(13) April 1. 1993; 

(14) September 1, 1994; 

(15) August 1. 1995; 

(16) August 1. 1998. 

(d) The Schedule of Classifications and Water Qualit}' 
Standard for the Yadkin-Pee Dee River Basin has been amended 
effective October 1, 1988 as follows: 

(1) Mitchell River [Inde.x No. 12-62-(l)] from source to 
mouth of Christian Creek (North Fork Mitchell River) 
including all tributanes has been reclassified from 
Class B Tr to Class B Tr ORW. 



(2) Mitchell River [Index No. 12-62-(7)] from mouth of 
Christian Creek (North Fork Mitchell River) to Suny 
Count}' SR 1315 including all tributaries has been 
classified from Class C Tr to C Tr ORW. except 
Christian Creek and Robertson Creek which will be 
reclassified from Class B Tr to Class B Tr ORW. 

(3) Mitchell River [Index No. 12-62-(12)] from Suny 
Count}' SR 1315 to mouth of South Fork Mitchell 
Ri\'er including all tributaries from Class C to Class C 
ORW. 

(e) The Schedule of Classifications and Water Qualm- 
Standards for the Yadkin-Pee Dee Ri\'er Basin was amended 
effective March 1. 1989 as follows: 

(1) Elk Creek [Index Nos. I2-24-(l) and 12-24-(10)] and 
all tributan' waters were reclassified from Class 
B-trout, Class C-trout and Class B to Class B-trout 
ORW. Class C-trout ORW and Class B ORW. 

(f) The Schedule of Classifications and Water Qualit}' 
Standards for the Yadkm-Pee Dee River Basin was amended 
effective January I, 1990 as follows: Barnes Creek (Index No. 
13-2-18) was reclassified from Class C to Class C ORW. 

(g) The Schedule of Classifications and Water Qualit}' 
Standards for the Yadkin-Pee Dee Riser Basin has been 
amended effecU\'e January 1, 1992 as follows: 

(1) Little River [Index Nos. 13-25-(10) and 13-25-(19)] 
from Suggs Creek to Densons Creek has been 
reclassified from Classes WS-III and C to Classes 
WS-III HQW and C HQW. 

(2) Densons Creek [Index No. 13-25-20-(l)] from its 
source to Troy's Water Supph Intake including all 
tributaries has been reclassified from Class WS-111 to 
Class WS-III HQW. 

(3) Bridgers Creek (Index No. 13-25-24) from its source 
to the Little River has been reclassified from Class C 
to Class C HQW. 

(h) The Schedule of Classifications and Water Quality 
Standards for the Yadkin-Pee Dee Ri^■er Basin was amended 
effective April 1. 1992 with the reclassification of the North 
Prong South Fork Mitchell Ri\'er from Class C to Class C Trout. 

(i) The Schedule of Classifications and Water Qualit}' 
Standards for the Yadkin-Pee Dee Ri\ er was amended effecfive 
August 3. 1992 with the reclassification of all water supply 
waters (w aters with a primary classification of WS-I. WS-II or 
WS-III). These waters were'reclassified to WS-I. WS-11. WS- 
III, WS-IV or WS-V as defined in the revised water supply 
protection rules. (15A NCAC 2B .0100. .0200 and .0300) which 
became effective on Augtist 3. 1992. In some cases, streams 
with primar.' classifications other than WS were reclassified to 
a WS classification due to their proximit}' and linkage to water 
supply waters. In other cases, waters were reclassified from a 
WS classification to an alternate appropriate priman' 
classification after being identified as downstream of a waier 
supply intake or identified as not being used for water supply 
purposes. 

(j) The Schedule of Classifications and Water Qualit}' 
Standards for the Yadkin-Pee Dee Ra^'er Basin has been 
amended effective December 1, 1992 as follows; 

(1) Pike Creek (Index No. 12-46-1-2) was reclassified 



1915 



NORTH CAROLINA REGISTER 



May 1, 1998 



12:21 



APPROVED RULES 



from Class C Tr to Class C Tr HQW; 

(2) Basin Creek (Index No. 12-46-2-2) was reclassified 
ft-om Class C Tr to Class C Tr ORW: 

(3) Bullhead Creek (Index No. 12-46-4-2) was 
reclassified from Class C Tr to Class C Tr ORW; 

(4) Rich Mountain Creek (Index No. 12-46-4-2-2) was 
reclassified from Class Tr to Class C Tr ORW; and 

(5) Widows Creek (Index No. 12-46-4-1) was reclassified 
from Class C Tr HQW to Class C Tr ORW. 

(k) The Schedule of Classifications and Water Quality 
Standards for the Yadkin-Pee Dee River Basin has been 
amended effective September 1, 1994 as follows: 

(1) Lanes Creek [Index Nos. 13-17-40-(l) and 13-17-40- 
(10.5)] from its source to the Marshville water supply 
dam including tributaries was reclassified from 
Classes WS-Il and WS-II CA to Class WS-V. 

(2) The South Yadkin River [Index Nos. 12-108-(9.7) and 
12-108-(15.5)] from Iredell Countv' SR 1892 to a 
point 0.7 mile upstream of the mouth of Hunting 
Creek including associated tributaries was reclassified 
from Classes WS-V. C and WS-IV to Classes WS-V, 
WS-IV. C and WS-IV CA. 

(3) The Yadkin River [Index Nos. 12-(53) and 12-(71)] 
from a point 3 mile upstream of the mouth of Elkin 
Creek (River) to the Town of King water supply 
intake including associated tributaries was reclassified 
from Classes C and WS-IV to Classes WS-IV and 
WS-IV CA. 

(4) The Yadkin River [Index Nos. 12-(80.5). 12-(81.5) 
and 12-(84.5)] from the Town of King water supply 
intake to the Da\ie Countv' water supply intake 
reclassified from Classes C. B. WS-IV and WS-V to 
Classes WS-IV, WS-IV&B and WS-IV CA. 

(1) The Schedule of Classifications and Water Quality 
Standards for the Yadkin-Pee Dee River Basin has been 
amended effective August 1. 1995 as follows: Bear Creek 
[Index Nos. 12-108-18-(3). 12-108-18-(3. 3)]. Little Bear Creek 
(Index No. 12-108-18-2). and Blue Branch (Index No. 12-108- 
18-2-1) were reclassified from WS-II and WS-II CA (Cnfical 
Area) to C and WS-IV. 

(m) The Schedule of Classifications and Water Quality 
Standards for the Yadkin-Pee Dee River Basin was amended 
effective August 1. 1998 with the revision to the primary 
classification for portions of the Yadkin River [Index No. 12- 
(45)1 from Class WS-IV to WS-V, Yadkin River [Index No. 12- 
(67.5)] from Class WS-IV to Class C. Yadkin River [Index Nos. 
12-(93.5) and 12-(98.5)] from Class WS-IV to Class WS-V. 
South Yadkin River [Index No. 12-108-(12.5)1 from Class WS- 
IV to Class WS-V, and South Yadkin River [Index Nos. 12- 
108(19.5) and 12-108-(22)] from Class WS-IV to Class C. 

History Note: Authority G.S. 143-214.1: 143-215.1: 

143-215. 3(a)(1): 

Eff. February 1. 1976: 

Amended Eff. August l_ 1998; August 1, 1995; September 1, 

1994; April 1. 1993; December 1, ^1992. 

.0311 CAPE FEAR RIVER BASIN 



(a) The schedule may be inspected at the following places: 

(1) Clerk of Court: 
Alamance County 
Bladen Count>' 
Brunswick County 
Caswell Count>' 
Chatham Count\' 
Columbus County 
Cumberland County 
Duplin County 
Durham County 
Fors>lh County 
Guilford County 
Harnett County 
Hoke County 

Lee County 
Montgomery County 
Moore County 
New Hanover County 
Onslow County 
Orange County' 
Pender County 
Randolph County 
Rockingham County 
Sampson County 
Wake County 
Wayne County 

(2) North Carolina Department of Environment and 
Natural Resources: 

(A) Winston-Salem Regional Office 

8025 North Point Boulevard. Suite 100 
Winston-Salem. North Carolina 

(B) Fayetteville Regional Office 
Wacho^'ia Building 

Suite 714 

Fayetteville, North Carolina 

(C) Raleigh Regional Office 
3800 Barrett Drive 
Raleigh. North Carolina 

(D) Washington Regional Office 
1424 Carolina Avenue 
Washington, North Carolina 

(E) Wilmington Regional Office 
127 Cardinal Drive Extension 
Wilmington, North Carolina. 

(b) The Cape Fear Ri\-er Basin Schedule of Classification and 
Water Quality Standards was amended effective: 

(1) March 1. 1977; 

(2) December 13. 1979; 

(3) December 14, 1980; 

(4) August 9, 1981; 

(5) Apnl 1. 1982; 

(6) December 1, 1983; 

(7) January 1. 1985; 

(8) August 1. 1985; 

(9) December 1, 1985; 

(10) February 1, 1986; 

(11) July 1.1987; 



12:21 



NORTH CAROLINA REGISTER May 1, 1998 



1916 



APPRO VED R ULES 



(12) October 1. 1987; 

(13) March 1, 1988: 

(14) June 1, 1988; 

(15) July 1, 1988; 

(16) January- 1, 1990; 

(17) August 1. 1990; 

(18) August 3. 1992; 

(19) September 1. 1994; 

(20) August 1. 1998. 

(c) The Schedule of Classifications and Water Quality' 
Standards for the Cape Fear River Basin has been amended 
effective June 1. 1988 as follows: 

(1) Cane Creek (Index No. 16-21-(1)] from source to a 
point 0.5 mile north of N.C. Hwy. 54 (Cane Resenoir 
Dam) including the Cane Creek Reservoir and all 
tributanes has been reclassified from Class WS-III to 
WS-1. 

(2) Morgan Creek [Index No. 16-41-1-(1)] to the 
Universit>' Lake dam including University' Lake and 
all tnbutaries has been reclassified from Class WS-III 
to WS-I. 

(d) The Schedule of Classifications and Water Qualm 
Standards for the Cape Fear River Basin has been amended 
effective July 1 , 1 988 by the reclassification of Crane Creek 
(Crains Creek) [Index No. 18-23-I6-(l)] from source to mouth 
of Beaver Creek including all tributaries from C to WS-III. 

(e) The Schedule of Classifications and Water Qualit>' 
Standards for the Cape Fear River Basin has been amended 
effective January 1, 1990 as follows: 

(1) Intracoastal Waterway (Index No. 18-87) from 
southern edge of White Oak River Basin to western 
end of Pemiuda Island (a hne from Morris Landing to 
Atlantic Ocean), from the eastern mouth of Old 
Topsail Creek to the southwestern shore of Howe 
Creek and from the southwest mouth of Shinn Creek 
to channel marker No. 153 including all tributaries 
except the King Creek Restricted Area. Hardison 
Creek. Old Topsail Creek. Mill Creek. Futch Creek 
and Pages Creek were reclassified from Class SA to 
Class SA ORW. 

(2) Topsail Sound and Middle Sound ORW Area which 
includes all waters between the Barrier Islands and the 
Intracoastal Watenva>' located between a line running 
from the western most shore of Mason Inlet to the 
southwestern shore of Howe Creek and a line running 
from the \\ estem shore of New Topsail Inlet to the 
eastern mouth of Old Topsail Creek was reclassified 
from Class SA to Class SA ORW. 

(3) Masonboro Sound ORW Area which includes all 
waters between the Barrier Islands and the mainland 
from a line running from the southwest mouth of 
Shinn Creek at the Intracoastal Waterway to the 
southern shore of Masonboro Inlet and a line running 
from the Intracoastal Waterway Channel marker No. 
153 to the southside of the Carolina Beach Inlet was 
reclassified from Class SA to Class SA ORW. 

(f) The Schedule of Classifications and Water Qualm 
Standards for the Cape Fear River Basin has been amended 



effective Januar>' 1. 1990 as follows: Big Alamance Creek 
[Index No. 16-19-(1)] from source to Lake Mackintosh Dam 
including aU tributaries has been reclassified from Class WS-llI 
NSW to Class WS-II NSW. 

(g) The Schedule of Classificadons and Water Qualit\' 
Standards for the Cape Fear Ri\er Basin was amended effecti\'e 
August 3, 1992 with the reclassification of all water supply 
waters (waters with a primary classification of WS-I. WS-II or 
WS-III). These waters were reclassified to WS-I, WS-II, WS- 
III, WS-IV or WS-V as defined in the revised water supply 
protection rules. (15A NCAC 2B .0100. .0200 and .0300) which 
became effective on August 3. 1992. In some cases, sfreams 
with primary classifications other than WS were reclassified to 
a WS classification due to their proximit>' and linkage to water 
supply waters. In other cases, waters were reclassified from a 
WS classificaUon to an alternate appropriate primary' 
classification after being identified as downstream of a water 
supply intake or identified as not being used for water supply 
purposes. 

(h) The Schedule of Classifications and Water Quality' 
Standards for the Cape Fear River Basin was amended effective 
June 1, 1994 as follows: 

(1) The Black River from its source to the Cape Fear 
River [Index Nos. 18-68-(0.5), 18-68-(3.5) and 18-65- 
(1 1.5)] was reclassified from Classes C Sw and C Sw 
HQW to Class C Sw ORW. 

(2) The South River from Big Swamp to the Black River 
[Index Nos. 18-68-12-(0.5) and 18-68-12(11.5)] was 
reclassified from Classes C Sw and C Sw HQW to 
Class C Sw ORW. 

(3) Six Runs Creek from (Juewhiffle Swamp to the Black 
River [Index No. 18-68-2] was reclassified from Class 
C Sw to Class C Sw ORW. 

(i) The Schedule of Classifications and Water Qualit>' 
Standards for the Cape Fear River Basin was amended effective 
September 1, 1994 with the reclassification of the Deep River 
[Index No. 17-(36.5)] from the Town of Gulf-Goldston water 
supph' intake to US highway 42 1 including associated tributanes 
from Class C to Classes C^ WS-IV and WS-IV CA. 

(j) The Schedule of Classifications and Water Quality 
Standards for the Cape Fear Ri\er Basin was amended effective 
August 1, 1998 with the revision to the pnniar>- classification for 
portions of the Deep River [Index No. 17-(28.5)] from Class 
WS-IV to Class WS-V. Deep River [Index No. 17-(41.5)] from 
Class WS-IV to Class C, and the Cape Fear River [Index 18- 
(10.5)] from Class WS-IV to Class WS-V. 

History Note: Authority G.S. 143-214.1: 143-215.1: 

143-215. 3(a)(1): 

Eff. February 1. 1976: 

Amended Eff. Aitsiist 1, 1998: September 1. 1994: June 1, 1994: 

August 3. 1992: August 1, 1990. 

.0316 TAR-PAMLICO RIVER BASIN 

(a) The schedule may be inspected at the following places: 
(1) Clerk of Court: 
Beaufort Counts- 
Dare Counts' 



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12:21 



APPROVTD RULES 



Edgecombe County 
Franklin Count\' 
Granville Count\' 
Halifax Count>' 
Hyde Counn 
Martin County 
Nash Count\' 
Pamlico County 
Person County 
Pitt County 
Vance County 
Warren County 
Washington County 
Wilson Count>' 
(2) North Carolina Department of Environment and 
Natural Resources: 

(A) Raleigh Regional Office 
3800 Barrett Drive 
Raleigh, North Carolina 

(B) Washington Regional Office 
1424 Carolina Avenue 
Washington, North Carolina. 

(b) Unnamed Streams All drainage canals not noted in the 
schedule are classified "C S\v." except the main drainage canals 
to Pamlico Sound and its bays which shall be classified "SC." 

(c) The Tar-Pamlico River Basin Schedule of Classification 
and Water Qualit>- Standards was amended effective; 

(1) March 1. 1977; 

(2) November 1. 1978; 

(3) Junes. 1980; 

(4) October 1, 1983; 

(5) June 1. 1984; 

(6) August 1, 1985; 

(7) February 1, 1986; 

(8) August 1, 1988; 

(9) Januan,' 1, 1990; 

(10) August 1. 1990; 

(11) August 3, 1992; 

(12) April 1. 1994; 

(13) Januan- 1, 1996; 

(14) September 1, 1996; 

(15) August 1, 1998. 

(d) The Schedule of Classifications and Water Qualit>' 
Standards for the Tar-Pamlico River Basin has been amended 
effective August 1, 1988 as follows: 

(1) Tar River (Index No. 28-94) from a point 12 miles 
downstream of Broad Run to the upstream side of 
Tranters Creek from Class C to Class B. 

(e) The Schedule of Classifications and Water Quality- 
Standards for the Tar-Pamlico River Basin has been amended 
effective January 1. 1990 by the reclassification of Pamlico 
River and Pamlico Sound [Index No. 29-(27)] which includes all 
waters within a line beginning at Juniper Bay Point and running 
due south to Lat. 35° 18' 00", long. 76' 13' 20", thence due west 
to lat. 35 = 18' 00", long 76 = 20' 00", thence northwest to Shell 
Point and including Shell Bay, Swanquarter and Juniper Bays 
and their tnbutaries, but excluding the Blowout, Hydeland 
Canal. Juniper Canal and Quarter Canal were reclassified from 



Class SA and SC to SA ORW and SC ORW. 

(f) The Schedule of Classifications and Water Quality 
Standards for the Tar-Pamlico River Basin has been amended 
effective January 1. 1990 by adding the supplemental 
classification NSW (Nutrient Sensiti\-e Waters) to all waters in 
the basin from source to a line across Pamlico River from Roos 
Point to Persimmon Tree Point. 

(g) The Schedule of Classifications and Water Qualit\- 
Standards for the Tar-Pamlico River Basin was amended 
effective August 3, 1992 with the reclassification of all water 
supply waters (waters with a primary classification of WS-I, 
WS-II or WS-UI). These waters were reclassified to WS-I, WS- 
II, WS-III, WS-IV or WS-V as defined in the revised water 
supply protection rules. ( 15A NCAC 2B .0100, .0200 and .0300) 
which became effective on August 3, 1992. In some cases, 
streams with primary classifications other than WS were 
reclassified to a WS classification due to their proximity' and 
linkage to v\ater supply waters. In other cases, waters were 
reclassified from a WS classification to an alternate appropriate 
primary- classification after being identified as dow nstream of a 
water supply intake or identified as not being used for water 
supply purposes. 

(h) The Schedule of Classifications and Water Quality 
Standards for the Tar-Pamlico River Basin was amended 
effective April 1, 1994 with the reclassification of Blounts Creek 
from Herring Run to Blounts Bay [Index No. 29-9-l-(3)] from 
Class SC NSW to Class SB NSW. 

(i) The Schedule of Classifications and Water Quality 
Standards for the Tar-Pamlico River Basin was amended 
effecti\e Januan,- 1, 1996 with the reclassification of Tranters 
Creek [Index Numbers 28-103- (4.5), 28-103- (13.5), 28-103- 
(14.5) and 28-103-(16.5)] from a point 1.5 miles upstream of 
Turkey Swamp to the Cit> of Washington's former aaxiliary 
water supply intake, including tributaries, from Class WS-IV Sw 
NSW and Class WS-IV CA Sw NSW to Class C Sw NSW. 

(j) The Schedule of Classifications and Water Quality 
Standards for the Tar-Pamlico River Basin was amended 
effective September 1. 1996 with the addition of Huddles Cut 
(previously unnamed in the schedule) classified as SC NSW 
with an Index No. of 29-25 5. 

(k) The schedule of Classifications and Water Quality 
Standards for the Tar-Pamlico River Basin was amended 
effective August 1, 1998 with the revision to the primary 
classification for portions of the Tar River [Index Nos. 28-(I), 
28-(15.5), 28-(74)] from Class WS-IV to WS-V. 

History Note: Authority G.S. 143-2 14. 1; 143-2 J 5.1: 

143-2 15. 3(a)(1); 

Eff. February 1. 1976: 

Amended Eff. August 1^ 1998; September 1. 1996; January 1, 

1996; April 1. 1994; August 3, 1992: August 1. 1990. 

.0317 PASQUOTANK RIVER BASIN 

(a) The schedule may be inspected at the following places: 
(I) Clerk of Court: 
Camden Count>' 
Chowan Count>' 
Currituck County 



12:21 



NORTH CAROLINA REGISTER 



May 1, 1998 



1918 



APPROVED RULES 



Dare County 
Gates County 
H>de County 
Pasquotank County 
Perquimans County 
Tyrrell County 
Washington County 
(2) North Carolina Department of Environment and 
Natural Resources: 
Washington Regional Office 
1424 Carolina A\enue 
Washington. North Carolina. 

(b) Unnamed Streams. All drainage canals not noted in the 
schedule are classified "C." 

(c) The Pasquotank Rl^■er Basin Schedule of Classifications 
and Water Quality Standards was amended effective: 

(1) March 1,1977; 

(2) May 18. 1977; 

(3) December 13. 1979; 

(4) Januar,- 1, 1985; 

(5) Februan- 1. 1986; 

(6) Januan- 1. 1990; 

(7) August 1. 1990; 

(8) August 3. 1992; 

(9) August 1. 1998. 

(d) The Schedule of Classifications and Water Quality 
Standards for the Pasquotank Ri\er Basin was amended 
effective Januaty 1. 1990 by the reclassification of Alligator 
River [Index Nos. 30-16-(l) and 30-16-(7)] from source to U.S. 
Hwy. 64 and all tnbutanes except Swindells Canal, Florida 
Canal. New Lake. Fairfield Canal. Carters Canal. Dunbar Canal 
and Intracoastal Waterway (F^ingo Ri\er - Alligator River 
Canal) were reclassified from C Sw and SC Sw to C Sw ORW 
and SC Sw ORW. 

(e) The Schedule of Classifications and Water Qualm- 
Standards for the Pasquotank Ri\er Basin was amended 
effective August 1. 1990 as follows: 

(1) Croatan Sotmd [Index No. 30-20-(l)] from a point of 
land on the southern side of mouth of Peter Mashoes 
Creek on Dare County mainland following a line 
eastward to Northwest Point on Roanoke Island and 
then from Northwest Point following a line west to 
Reeds Point on Dare County mainland was 
reclassified from Class SC to Class SB. 

(2) Croatan Sound [Index No. 30-20-(1.5)] from 
Northwest Point on Roanoke Island following a line 
west to Reeds Point on Dare County mainland to 
William B. Umstead Memonal Bridge was 
reclassified from Class SC to Class SA. 

(f) The Schedule of Classifications and Water Quality 
Standards for the Pasquotank Ri\er Basin was amended 
effective August 3. 1992 with the reclassification of all water 
supply waters (waters \nth a pnmaty classificafion of WS-I. 
WS-II or WS-III). These waters were reclassified to WS-I. WS- 
II. WS-III. WS-IV or WS-V as defined in the revised water 
supply protection rules. (15A NCAC 2B .0100. .0200 and .0300) 
which became effective on August 3. 1992. In some cases. 
streams with pnmar^ classifications other than WS were 



reclassified to a WS classification due to their proximity and 
linkage to water supph' \\aters. In other cases, waters were 
reclassified from a WS classification to an alternate appropriate 
primaty' classification after being identified as downstream of a 
water supply intake or identified as not being used for water 
supply purposes. 

(g) The Schedule of Classifications and Water Qualm- 
Standards for the Pasquotank River Basin was amended 
effecfive August 1. 1998 with the revision to the pnmaty 
classification for a portion of the Pasquotank River [Index No. 
30-3-(1.7)] from Class WS-IV to Class WS-V. 

History Xote: Authority G.S. 143-214.1: 143-215.1: 

143-215. 3(a)(1): 

Eff. February 1. 1976: 

Amended EfT. Aiisust 1. 199S: August 3, 1992: August 1, 1990: 

January 1, 1990; February 1. 1986. 

SUBCHAPTER 2D - AIR POLLUTION CONTROL 
REQUIREMENTS 

SECTION .0300 - AIR POLLUTION EMERGENCIES 

.0302 EPISODE CRITEIUA 

Conditions justifSmg the proclamation of an air polludon 
alert, air pollution w aming. or air pollution emergenc)' shall be 
deemed to exist whenever the director determines that the 
accumulation of air contaminants in an>' place is attaining or has 
attained levels that could, if such levels are sustained or 
exceeded, lead to a threat to the health of the public. In making 
this determinatioiL, the director shall be guided by the following 
criteria: 

(1) Air Pollution Forecast. An internal watch by the 
Di\ision and local air polludon control agencies shall 
be activated by a National Weather Senice ad\isoty 
that an atmospheric stagnation ad\isoty is in effect, or 
the equi\alent local forecast of stagnant atmospheric 
condifions. 

(2) Alert. The alert level is that concentrauon of 
pollutants at which first stage control actions are to 
begin. The director shall proclaim an alert when any 
of the following le\els is reached at any monitoring 
site: 

(a) sulfur dioxide - 800 ug/m' (0.3 p.p.m.). 24- 
hour a\erage; 

(b) particulate — 375 ug/m'. 24-hour average; 

(c) sulfur dioxide and particulate combined — 
product of sulfur dio.xide ug/m'. 24-hour 
average, and particulate ug/m\ 24-hour 
a^•erage. equal to 65,000; 

(d) carbon monoxide ~ 17 mgjnv (15 p.p.m). 
eight-hour average; 

(e) ozone — 400 ug/m' (0.2 p.p.m.). one-hour 
average; 

(f) nitrogen dio.xide ~ 1 130 ug/m' (0.6 p.p.m.). 
one-hour average; 282 ug/m' (0. 15 p.p.m.). 24- 
hour a\erage; 

(g) PMlO-350 ug/m-. 24-hour average; and 



1919 



NORTH CAROLINA REGISTER 



May 1, 1998 



12:21 



.APPROVED RULES 



meteorological conditions are such that 
pollutant concentrations can be expected to 
remain at these le\els for 1 2 or more hours or 
increase or. for ozone, the situation is likely to 
recur within the next 24-hours unless control 
actions are taken. 

(3) Warning. The warning level indicates that air quality 
is continuing to degrade and that additional abatement 
actions are necessary. The Director shall proclaim a 
warning when any one of the following levels is 
reached at any monitoring site: 

(a) sulfur dioxide -- 1600 ug/m- (0.6 p.p.m.), 24- 
hour average 

(b) particulate -- 625 ug/m', 24-hour average; 

(c) sulfur dioxide and particulate combined - 
product of sulftir dioxide ug/m', 24-hour 
average, and particulate ug/m', 24-hour 
average, equal to 261,000; 

(d) carbon monoxide ~ 34 mg/m' (30 p.p.m.), 
eight-hour average; 

(e) ozone ~ 800 ug/m' (0.4 p.p.m.), one-hour 
average; 

(f) nitrogen dioxide — 2260 ug/m' (1.2 p.p.m), 
one-hour average; 565 ug/m' (0.3 p.p.m), 24- 
hour average; 

(g) PMIO - 420 ug/m'; 24-hour average; and 
meteorological conditions are such that 
pollutant concentrations can be expected to 
remain at these le\els for 1 2 or more hours or 
increase or, for ozone, the situation is likely to 
recur within the next 24 hours unless control 
actions are taken. 

(4) Emergency. The emergency level indicates that air 
quality is continuing to degrade to a level that should 
never be reached and that the most stringent control 
actions are necessary. The Secretarv' of the 
Department of Environment and Natural Resources 
with the concurrence of the Governor shall declare an 
emergency when any one of the following levels is 
reached at any monitoring site: 

(a) sulfiir dioxide - 2100 ug/m' (0.8 p.p.m), 24- 
hour average; 

(b) particulate ~ 875 ug/m', 24-hour average; 

(c) sulfur dioxide and particulate combined ~ 
product of sulfur dioxide ug^'m', 24-hour 
average, and particulate ug/m', 24-hour 
average, equal to 393.000; 

(d) carbon monoxide — 46 mg/m' (40 p.p.m.). 
eight-hour average; 

(e) ozone - 1000 ug/m' (0.5 p.p.m), one-hour 
average; 

(f) nitrogen dioxide ~ 3000 ug/m' (1.6 p.p.m), 
one-hour average; 750 ug/m' (0.4 p.p.m.), 24- 
hour average; 

(g) PM 10-500 ug/m', 24-hour average. 

(5) Termination. Once declared any level reached by 
application of these criteria shall remain in effect until 
the criteria for that level are no longer met. At that 



time the next lower level shall be assumed. 

History Note: Authoritv G.S. 143-215. 3(a)(1): 143- 

215.3(a)(12): 

Eff. February 1, 1976: 

Amended EfT. July I 1998: July 1. 1988: July 1, 1984: June 1, 

1980: December 1. 1976. 

SECTION .0900 - VOLATILE ORGANIC 
COMPOUNDS 

.0953 VAPOR RETURN PIPING FOR STAGE U 
VAPOR RECOVERY 

(a) Applicability. This Rule applies to any facility located in 
Davidson, Durham, Forsyth, Gaston, Guilford, Mecklenburg, or 
Wake counties or the Dutchville Township in Granville county 
or that portion of Davie County that is bounded by the Yadkin 
River, Dutchman's Creek, NC Highway 801, Fulton Creek and 
back to the Yadkin River; 

( 1 ) that is buih after June 30, 1 994, or 

(2) whose tanks are replaced or removed for upgrades or 
repairs after June 30, 1994. 

When a new tank is added, the new tank shall comply with this 
Rule. 

(b) Exemptions. The burden of proof of eligibility for 
exemption from this Rule is on the owner or operator of the 
facility. Persons seeking an exemption from this Rule shall 
maintain records of throughput and shall furnish these records 
to the Director upon request. These records shall be maintained 
on file for three years. The following facilities are exempt from 
this Rule based upon the previous two years records: 

(1 ) any facilit> that dispenses less than 10,000 gallons of 
gasoline per calendar month; 

(2) any facility that dispenses less than 50,000 gallons of 
gasoline per calendar month and is an independent 
small business marketer of gasoline; 

(3) any facility that dispenses gasoline exclusively for 
refueling marine vehicles, aircraft, farm equipment, 
and emergency vehicles; or 

(4) any tanks used exclusively to test the fiiel dispensing 
meters. 

Any facility that ever exceeds the exemptions given in 
Subparagraphs (1), (2), (3), or (4) of this Paragraph shall be 
subject to all of the provisions of this Rule according to the 
schedule given in Paragraph (e) of this Rule, and shall remain 
subject to these provisions even if the facility's later operation 
meets the exemption requirements. 

(c) Definitions. For the purpose of this Rule, the following 
definitions apply: 

( 1 ) "Affected Facility" means ;my gasoline service station 
or gasoline dispensing facility subject to the 
requirements of this Rule. 

(2) "CARB" means the California Air Resources Board. 

(3) "Certified Stage 11 Vapor Recovery System" means 
any system certified by the California Air Resources 
Board as having a vapor recovery or removal 
efficiency of at least 95 percent by v\ eight. 

(4) "Facility" means any gasoline service station or 



12:21 



NORTH CAROLINA REGISTER 



May 1, 1998 



1920 



APPROVED RULES 



gasoline dispensing facilit}'. 

(5) "ISBM" means independent small business marketer. 

(6) "Independent Small Business Marketer of Gasoline" 
means a facilit>' that qualifies under Section 324 of 
the Federal Clean Air Act. 

(7) "Operator" means any person who leases, operates, 
controls, or supervises a facility at which gasoline is 
dispensed. 

(8) "Owner" means any person who has legal or equitable 
title to the gasoline storage tank at a facility 

(9) "Stage II Vapor Recover." means the control of 
gasoline vapor at the vehicle fill-pipe, where the 
\apors are captured and returned to a \apor-tight 
underground storage tank or are captured and 
destroyed. 

(10) "Throughput" means the amount of gasoline 
dispensed at a facility during any calendar month. 

(11) "Vapor Recover,' Dispenser Riser" means piping 
rising from the \'apor reco\ery piping to the dispenser. 

(12) "Vapor Recover,- Piping" means \apor return piping 
connecting the storage tank(s) with the vapor recovery- 
dispenser riser(s). 

(d) Requirements. Affected facilities shall install the 
necessary- piping for future installation of CARE certified Stage 
II vapor reco\-er\' s> stem. Tlte ^•apor piping shall extend from the 
tanks to the pumps. The vapor piping shall be installed in 
accordance with the following requirements: 

(1) Gasoline vapors shall be: 

(A) transferred from each gasoline dispenser to the 
underground storage tank individually, or 

(B) manifolded through a common header from 
\\ hich a single return hne is coimected through 
another manifold to all of the underground 
tanks. 

Each vapor return pipe shall allow the transfer of 
gasoline vapors to the tank from which the liquid 
gasoline is being drawn; 

(2) Pipe diameter shall meet manufacturer's 
specifications. If the manufacturer does not specify- 
diameters, the following minimum pipe diameters 
apply. If the manufacturer only specifies diameters 
for part of the system, the following diameters apply 
for the pipe(s) not specified. All fittings, connectors, 
and joints shall have an inside diameter equal to the 
inside diameter of the pipe to which it is attached. 
The following diameters are specified for the number 
of nozzles that may be operated at the same time; 

(A) Vapor Recovery- Dispenser Risers 

(i) Three forths of an inch for vapor 
recoven- dispenser risers returning 
% apors from 1 nozzle; or 

(ii) One inch for vapor recover,- dispenser 
risers returning \-apors from 2 nozzles; 

(B) Vapor Reco\-er\- Piping 

(i) Two inches for one. two, or three 

nozzles; 
(ii) Two and one half inches for four or fi\-e 

nozzles; 



(iii) Three inches for six, seven, eight, or 

nine nozzles; 
(iv) Three and one half inches for 10, 11. or 

12 nozzles; or 
(v) Four inches for more than 12 nozzles; 

(3) All piping and fittings shall be installed in accordance 
with manufacturer's instructions and specifications. 
Metal pipe shall be minimum schedule 40 welded or 
seamless steel per ASTM A-53, "Specification for 
Pipe. Steel. Black and Hot-Dipped. Zinc-Coated 
Welded and Seamless Pipe". Fittings shall be 150 
pounds cold water screwed malleable iron. Pipe and 
fittings shall be galvanized and pipe threads shall be 
zinc-coated. Nonmetallic pipes and fittings shall be 
U/L listed under nonmetallic primary pipes and 
fittings for underground flammable liquids (gas and 
oil equipment director,); 

(4) Each vapor return pipe shall slope toward the storage 
tank with a minimum grade of 1/4 inches per foot. No 
low points or sags shall exist along the return piping; 

(5) All vapor retiuTi and vent piping shall be provided 
with flexible joints or swing joints at each tank 
connection and at the base of the \-ent pipe riser where 
it fastens to a building or other structure; 

(6) All vapor return pipe-trenching shall be compacted to 
90 percent of the standard proctor according to ASTM 
D-698 "Laboratory- Compaction Characteristics of 
Soil Using Standard Effort" of the area soil before the 
pipes are installed and back-filled with sand or other 
material appro\-ed by the pipe manufacturer at least 
six inches below and above the piping; 

(7) The pipes shall not be dn\-en o\-er or in any other way 
crushed before paving or surfacing; 

(8) The \-apor return piping or manifolded piping on a 
vacuum assisted system shall enter a separate opening 
to the tank from that connected to the \-ent pipe or the 
Stage I piping; 

(9) All vapor return piping shall be tagged at the 
termination point recording the function of the piping. 
In addition, a record of the installation of the Stage II 
vapor return piping shall be kept in the facility; 

(10) Vent piping shall be constructed of materials in 
accordance with Subparagraph (3) of this Paragraph; 

(11) All vent pipes shall be a minimum of two inches 
inside diameter or meet the local Fire Codes; and 

(12) All vent pipes shall slope toward the underground 
storage tank with a grade of at least 1/4 inch per linear 
foot. 

(e) Compliance Schedule. Compliance under Paragraph (d) 
of this Rule by the affected facility- shall coincide with the 
completion of the tank installation or repair. Facilities that lose 
their exemption under Paragraph (h) of this Rule shall comply 
with this Rule within 18 months after the day the ow-ner or 
operator of the facility- has been notified by the Director that his 
exemption under Paragraph (b) of this Rule has been revoked. 

(f) Testing Requirements. 

( 1 ) Within 30 days after installation of the vapor return 
piping, the owner or operator of the facility shall 



1921 



NORTH CAROLINA REGISTER 



May 1, 1998 



12:21 



APPROl^D RULES 



submit reports of the following tests to be completed 
as described in EPA-450/3-91-022b: 

(A) Bay Area Source Test Procedure ST-30. Leak 
Test Procedure, or San Diego Test Procedure 
TP-91-1, Pressure Decay/Leak Test Procedure, 
and 

(B) Bay Area Source Test Procedure ST-27. 
Dynamic Back Pressure, or San Diego Test 
Procedure TP-91-2. Pressure Drop vs 
Flow/Liquid Blockage Test Procedure. 

(2) Testing shall be in accordance with Rule .0912 of this 
Section. 

(3) The owner or operator of the facility shall notify the 
Regional Office Supervisor by telephone at least five 
busmess days before back-filling the trenches and at 
least 10 business days before the tests given in 
Subparagraph (1) of this Paragraph are to be 
performed to allow inspection by the Division. The 
owner or operator may commence back-filling five 
days after notification has been gi\en to the Di\ ision. 

(4) The owner or operator of the facilit>' and the test 
contractor shall report all test failures to the Regional 
Office Super\isor within 24 hours of the failure. 

(5) The Director may require the owner or operator of the 
facility to perform any of the tests in Subparagraph 
(1) of this Paragraph tf there are any modifications or 
repairs. 

(6) Where the Division conducts a test on the vapor 
control s> stem, it shall be without compensating the 
owner or operator of the facilm- for any lost re\enues 
incurred due to the tesfing procedure. 

(g) Referenced documents EPA-450/3-91 -022b. "Technical 
Guidance - Stage 11 Vapor Recover, Systems for Control of 
Vehicle Refueling Emissions at Gasoline Dispensing Facilities. 
Volume 11: Appendices". November 1991. cited in this Rule is 
hereby incorporated by reference and does not include 
subsequent amendments or editions. A cop>' of this document is 
available for inspection at the Regional Offices of the North 
Carolina Department of Emironment and Natural Resources 
(Addresses are gi\en in Rule .0103 of this Subchapter) Copies 
of this document may be obtained through the Libran Senices 
Office (MD-35), U.S. Environmental Protection Agency. 
Research Tnangle Park or National Technical Information 
SeiMces (NTIS). 5285 Port Royal Road. Spnngfield VA 22161. 
The NTIS number for this document is PB-92 132851. and the 
cost is fifty-two dollars ($52.00). 

History Xote: Authority G.S. 143-215. 3(a)(1): 143- 

2 15. 107 fa): 150B-21.6: ' 

Eff. July 1. 1994: 

Amended Eff. July 1, 1998: July 1. 1996. 

SECTION .1700 - CONTROL OF EMISSIONS FROM 
MUNICIPAL SOLID WASTE LANDFILLS 

.1708 REPORTING REQUIREMENTS 

(a) The owner or operator of a MSW landfill subject to this 
Rule according to Rule .1702 of this Section shall submit an 



initial design capacity report to the Director in accordance with 
the following: 

(1) The initial design capacity report shall fiilfill the 
requirements of the notification of the date 
construction is commenced as required under 40 CFR 
60.7(a)(1) and shall be submitted no later than the 
earliest of the day from the dates gi^■en in 40 CFR 
60.757(a)(l)(i) through 40 CFR 60.757(a)(l)(iii); 

(2) The initial design capacity- report shall contain the 
information given in 40 CFR 60.757(a)(2)(i) and 40 
CFR60.757(a)(2)(ii):and 

(3) An amended design capacity' report shall be submitted 
to the Director in accordance with 40 CFR 
60.757(a)(3) whenever an increase in the design 
capacit}' of the landfill results in the design capacity 
of the landfill to exceed 2.5 million cubic meters or 
2.75 million tons. 

(b) The owner or operator of a MSW landfill subject to this 
Section shall submit a NMOC emission report to the Director 
initially and annually thereafter, except as provided for in 40 
CFR 60.757(b)(l)(ii) or (T3)(3). The initial NMOC emission rate 
report shall be submitted within 90 days of the day waste 
acceptance commences and may be combined with the initial 
design capacit>' report required in Paragraph (a) of this Section. 
The NMOC emission rate report shall: 

( 1 ) contain an annual or fi\e-year estimate of the NMOC 
emission rate calculated using the formula and 
procedures provided in 40 CFR 60.754(a) or (b). as 
applicable: and 

(2) include all the data, calculations, sample reports and 
measurements used to estimate the aimual or fi\e-year 
emissions. 

(c) The owner or operator of a MSW landfill subject to Rule 
.1703(b) of this Section shall submit a collection and control 
system design plan to the Director within one year of the first 
report, required under Paragraph (b) of this Rule, in which the 
emission rate exceeds 55 tons per year, except as provided for in 
40 CFR 60.757(c)(1) and (2). 

(d) The owner or operator of a controlled landfill shall submit 
a closure report to the Director within 30 days of cessation of 
w aste acceptance. If a closure report has been submitted to the 
Director, no additional waste shall be placed into the landfill 
without first filing a notification of modification as described 
under 40 CFR 60.7(a)(4). The Director may request such 
additional information as may be necessan* to \erify' that 
permanent closure of the MSW landfill has taken place in 
accordance with the requirements of 40 CFR 258.60. 

(e) The owner or operator of a controlled MSW landfill shall 
subinit an equipment remo\'al report 30 days prior to removal or 
cessation of operation of the control equipment according to 
Rule .1703(c) of this Section. The report shall contain the items 
listed in 40 CFR 60.757(e)(1) The Director may request such 
additional information as may be reasonably necessary to verify' 
that all the condidons for removal in 40 CFR 60.752(b)(2)(v) 
have been met. 

(f) The owner or operator of a MSW landfill seeking to 
comply with Rule .1703(b)(2) of this Section using an acti\e 
collection s>"stem designed in accordance with 40 CFR 



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60.752(b)(2)(ii) shall submit annual reports of the recorded 
information in 40 CFR 60 757(f)(1) through (0(6). The initial 
annual report shall be submitted within 180 days of installation 
and start-up of the collection and control system, and shall 
include the initial performance test report reqmred under 40 CFR 
60.8. 

(g) The owner or operator of a MSW landfill seeking to 
comply with Rule .1703(b)(3) of this Section using an enclosed 
combustion de\ices or flares shall report the exceedences as 
defined in 40 CFR 60.758(c)(1). 

(h) The owner or operator of a MSW landfill required to 
comply with Rule .1703(b)(1) of this Section shall include the 
infonnation given in 40 CFR 60.757(g)(1) through (6) with the 
initial performance test report required under 40 CFH 60.8. 

History Note: Authority G.S. 143-215. 3(a)(1): 143-215.65: 
143-215.66: 143-215. 107(a)(5). (10): 
Eff. July 1. 1998. 

.1709 RECORDKEEPING REQUIREMENTS 

(a) The owner or operator of a MSW landfill subject to this 
Section and having a ma.ximum design capacity equal to or 
greater than 2.5 million cubic meters or 2.75 million tons shall 
keep on-site for at least five years records of the information 
listed in 40 CFR 60.758(a). Off-site records may be maintained 
if they are retrie\'able within four hours. Either paper copy or 
electronic formats of the records shall be acceptable. 

(b) The owner or operator of a controlled landfill shall keep 
up-to-date, readily accessible records for the life of the control 
equipment of the data listed in 40 CFR 60.757(b)(1) through 
(b)(4) as measured during the initial performance test or 
compliance determination. Records of subsequent tests or 
monitoring shall be maintained for a minimum of five years. 
Records of the control device vendor specifications shall be 
maintained until removal. 

(c) Each owner or operator of a MSW landfill subject to this 
Section shall keep for five years up-to-date, readily accessible 
continuous records of the equipment operating parameters 
specified to be monitored in Rule .1707 of this Section and 
records for periods of operation during which the parameter 
boimdaries established dunng the most recent performance test 
are e.xceeded. The parameter boundaries considered in excess of 
those established dunng the performance test are defined in 40 
CFR 60.757(c)(l)(i) and (ii) and are also required to be reported 
under Rule .1708(g) of this Section. 

(d) The owner or operator of a MSW landfill subject to Rule 
.1703(b) of this Section shall keep for the life of the collection 
system an up-to-date, readily accessible plot map showing 
existing and planned collectors in the system and pro\ide unique 
identification location labels for each collector. Records of 
newly installed collectors shall be maintained in accordance with 
40 CFR 60. 758(d)(1) and documentation of asbestos-containing 
or nondegradable waste excluded from collection shall be kept 
in accordance with 40 CFR 60.758(d)(2). 

(e) Tlie owner or operator of a MSW landfill subject to Rule 
.1703(b) of tlus Section shall keep for at least five years records 
of emissions from the collection and control s> stem e.xceeding 
the emission standards in accordance with 40 CFR 60.758(e). 



(f) The owner or operator of MSW landfill subject to Rule 
.1703(b) of this Section shall keep up-to-date, readily accessible 
continuous records of the indication of flow to the control device 
or the indication of b>pass flow or records of monthly 
inspections of car-seals or lock-and-key configurations used to 
seal bypass lines, specified under 40 CFR 60.756. 

(g) The owner or operator of MSW landfill subject to Rule 
. 1703(b) of this Section who uses a boiler or process heater with 
a design heat input capacity' of 44 megawatts or greater to 
comply with 40 CFR 60.752(b)(2)(iii) shall keep an up-to-date, 
readily accessible record of all periods of operation of the boiler 
or process heater. 

(h) The owner or operator of MSW landfills seeking to 
comply with the provisions of Rule .1703(b) of this Section by 
use of an open flare shall keep up-to-date, readily accessible 
continuous records of the flame or flare pilot flame monitoring 
specified under 40 CFH 60.756(c). and up-to-date, readily 
accessible records of all periods of operaUon in which the flame 
or flare pilot flame in absent. 

History Note: Authority G.S. 143-215. 3(a)(1); 143-215.65; 
143-215.66; 143-215. 107(a)(4), (5), (10); 
Eff. July 1, 1998. 

SECTION .1900 - OPEN BURNING 

.1902 DEFINITIONS 

For the purpose of this Section, the following definitions 
apply: 

( 1 ) "Air Curtain Burner" means a stationary or portable 
combustion de\ice that directs a plane of high velocity 
forced draft air through a manifold head into a pit 
with vertical walls in such a manner as to maintain a 
curtain of air over the surface of the pit and a 
recirculating motion of air under the curtain. 

(2) "Dangerous materials" means explosives or containers 
used in the holding or transporting of explosives. 

(3) "HHCB" means the Health Hazards Control Branch 
of the Division of Epidemiology. 

(4) "Land clearing" means the uproofing or clearing of 
vegetation in connection with construction for 
buildings; right-of-way; agricultural, residential, 
commercial, or industrial development; mining 
actiMties; or the initial clearing of vegetation to 
enhance propert>' value; but does not include routine 
maintenance or property clean-up activities. 

(5) "Log" means any limb or trunk whose diameter 
exceeds six inches. 

(6) "Nuisance" means causing physical irritation 
exacerbating a documented medical condition, 
visibility impairment, or evidence of soot or ash on 
propert^i' or structure other than the property on which 
the burning is done. 

(7) "Occupied structure" means a building in which 
people may li\ e or work or one intended for housing 
farm or other domestic animals. 

(8) "Open burning" means the burning of any matter in 
such a manner that the products of combusfion 



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APPROVED RULES 



resulting from the burning are emitted directly mto the 
atmosphere without passing through a stack, chimney, 
or a permitted air pollution control device. 
(9) "Person" as used in Rule .1901(c) of this Section, 
means: 

(a) the person in operational control o\'er the open 
burmng. or 

(b) the landowner or person in possession or 
control of the land when he has directly or 
indirectly allowed the open burning or has 
benefited from it 

"Public pick-up" means the removal of refuse, yard 
trimmings, limbs, or other plant material from a 
residence b>' a go\emmental agencv'. private company 
contracted by a go%emmental agenc>- or municipal 
ser\ice. 

"Public road" means any road that is part of the State 
highway system; or any road, street, or right-of-way 
dedicated or maintained for public use. 
"RACM" means regulated asbestos containing 
material as defined in 40 CFR 61.142. 
"Refuse" means any garbage, rubbish, or trade waste. 
"Regional Office Supenisor" means the supen isor of 
personnel of the Di\ision of Air Qualit>- in a regional 
office of the Department of Emironment and Natural 
Resources. 

"Salvageable items" means any product or material 
that was first discarded or damaged and then all. or 
part, was saved for fijture use, and include insulated 
wire, electnc motors, and electric transformers. 
"Synthetic material" means man-made material, 
including tires, asphalt materials such as shingles or 
asphaltic roofing materials, construction materials, 
packaging for construction materials, wire, electrical 
insulation, and treated or coated wood. 

History Note: Authoritx' G.S. 143-212: 143-213: 143- 
215.3(a)(1): 
Eff. July 1. 1996; 
Amended Eff. July 1 , 1998. 

CHAPTER 3 - MARINE FISHERIES 

SUBCHAPTER 3M - FINFISH 

SECTION .0500 - OTHER FINFISH 

.0503 FLOUNDER 

(a) It is unlawful to possess flounder: 

(1) Less than 13 inches in length taken from internal 
waters: 

(2) Less than 14 inches in length taken from the Atlantic 
Ocean with commercial fishing equipment or b> 
hook-and-line or gig if claiming the exemption 
specified in Paragraph (f) of this Rule; 

(3) Less than 14'/: inches in length taken from the 
Atlantic Ocean by hook-and-line or gig. 

(b) Between October 1 and April 30. it shall be unlawful to 



(10) 



(11) 



(12) 

(13) 
(14) 



(15) 



(16) 



use a trawl in the Atlantic Ocean within three miles of the ocean 
beach from the North Carolina/Virginia state line (35 33 ' N) to 
Cape Lookout (34' 36' N) unless each trawl has a cod end 
(tailbag) mesh length greater than 5 '/> inches diamond mesh 
(stretched) or 6 inches square mesh (stretched) applied 
throughout the cod end for at least 75 continuous meshes 
forw ard of the terminus (end) of the net, or the terminal one- 
third portion of a net measured from the terminus of the cod end 
to the head rope for cod ends with less than 75 meshes, except 
as provided in Paragraphs (h) and (i) of this Rule. 
(c) License to Land Flounder from the Atlantic Ocean: 

(1) It is unlawful to land more than 100 pounds per trip of 
flounder taken from the Atlantic Ocean unless the 
vessel has been issued a License to Land Flounder 
from the Atlantic Ocean. 

(2) It is unlawful for a fish dealer to purchase or offload 
more than 100 pounds of flounder taken from the 
Atlantic Ocean by a vessel that has not first procured 
a \alid North Carolina License to Land Flounder from 
the Atlantic Ocean. 

(3) To qualify- for a North Carolina License to Land 
Floimder from the Atlantic Ocean, a vessel shall have: 

(A) been licensed under G.S. 113-152 or 113-153 
during any two of the 1992-93. 1993-94. or 
1994-95 license years, and 

(B) landed in North Carolina at least 1,000 pounds 
of flounder each year from the AUantic Ocean 
during any two of the 1992-93, 1993-94, or 
1994-95 license years for which the vessel was 
licensed to land in North Carolina. 

(4) At least 10 days pnor to issuance, applicants for the 
license shall complete an application form provided 
by the Division of Marine Fisheries and submit it to 
the North Carolina Division of Marine Fisheries, Post 
Office Box 769. 3441 Arendell Street. Morehead 
City. North Carolina 28557. The following 
information is required: 

(A) Valid documentation papers or current motor 
boat registration or copy thereof; 

(B) Proof of required licenses and flounder 
landings data for that vessel during the years 
the vessel was licensed. 

Licenses shall be issued to qualifying \essels at no fee 
and only from the Morehead City Office of the 
Division of Marine Fisheries. 

(5) Licenses may only be transferred: 

(A) w ith the transfer of the ownership of a \essel 
holding a License to Land Flounder from the 
Atlantic Ocean to the new owner of that vessel, 
or 

(B) b>- the owner of a \essel to another vessel 
under the same ownership. The vessel owner 
is only eligible for the same number of 
Licenses to Land Flounder from the Atlantic 
Ocean for which his boats qualify', 

(C) any transfer of license under this Paragraph 
must be facilitated through the Division of 
Marine Fisheries Morehead Citv Office onlv. 



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(6) It is unlawful for ;m\ indi\iduiil to land flounder from 
the Atlantic Ocean without having ready at hand for 
inspection a \alid License to Land Flounder from the 
Atlantic Ocean, except as specified in Subparagraph 
(c)(1) of this Rule. 

(7) Suspension or Revocation: 

(A) A License to Land Flounder from the Atlantic 
Ocean issued under this Rule shall be subject 
to suspension or revocation pursuant to the 
provisions of 15A NCAC 3P, except that this 
license shall be subject to revocation pursuant 
to the provisions of G.S. 113-166 when the 
licensee is convicted of a criminal offense 
within the jurisdiction of the Department under 
the provisions of Subchapter IVofG.S. 113. or 
of the rules of the Marine Fisheries 
Commission adopted under the authority, of 
that Subchapter. 

(B) The Division may commence proceedings 
under 15A NCAC 3P, for suspension or 
re\'ocation of a License to Land Flounder from 
the Atlantic Ocean if it finds: 

(i) the license was obtained by providing 
any false information or willfully 
omitting required infonnation when the 
information is material to the securing 
of the license; or 

(ii) the license was falsified, fraudulently 
altered, or counterfeited; or 

(iii) the licensee practices any fraud or 
deception designed to evade the 
provisions of this Rule or reasonable 
administrative directi\es made imder the 
authority of this Rule or G.S. 113- 
182(t)(3). 

(d) It is unlawfiil to transfer flounder taken from the Atlantic 
Ocean from one vessel to another. 

(e) It is unlawful to possess more than 10 flounder per person 
per day taken by hook-and-line or gig from the Atlantic Ocean. 

(f) Persons fishing from a \essel with a valid vessel 
endorsement to sell or persons fishing but not from a vessel who 
hold a \alid nom essel endorsement to sell are exempt from the 
possession limit in Paragraphs (a)(3) and (e) of this Rule. 

(g) Tailbag hners of any mesh size, the multiple use of two or 
more cod ends, or other netting material that in any way could 
restrict the legal size mesh required by this Rule, shall not be 
used or possessed on the deck of a vessel in the Atlantic Ocean 
between October 1 and April 30 from the North 
CarolinaA^irginia state line (36" 33' N) to Cape Lookout (34' 
36' N). 

(h) Trawls with a cod end mesh size smaller than described 
in Paragraph (b) of this Rule may be used or possessed on the 
deck of a \essel provided not more than 100 pounds of flounder 
per trip from May 1 through October 31 or more than 200 
pounds from No\ember 1 through April 30 is possessed aboard 
or landed from that vessel. 

(i) Flynets are exempt from the flounder trawl mesh 
requirements if they meet the following definition: 



(1) 



(2) 



(3) 



(2) 



The net has large mesh in the wings that measure 8 
inches to 64 inches; 

The first body section (belly) of the net has 35 or 
more meshes that are at least 8 inches; and 
The mesh decreases in size throughout the body of the 
net to as small as 2 inches or smaller towards the 
terminus of the net. 
(j) Season. 
( 1 ) The North Carolina season for landing ocean-caught 
flounder shall open January 1 each year. If 70 percent 
of tlie quota allocated to North Carohna in accordance 
with the joint Mid-AUantic Fisheries Management 
Council-Atlantic States Marine Fisheries Commission 
Fisherv Management Plan for Summer Flounder is 
projected to be taken, the Fisheries Director shall, by 
proclainatioa close North Carolina ports to landing of 
flounder taken from the ocean. 
The season for landing flounder taken in the Atlantic 
Ocean shall reopen No\'ember 1 if any of the quota 
allocated to North Carolina in accordance with the 
joint Mid-AUantic Fisheries Management Council- 
Atlantic States Marine Fishenes Commission Fishen,' 
Management Plan for Summer Flounder remains. If 
after reopening. 100 percent of the quota allocated to 
North Carolina in accordance with the joint Mid- 
Atlantic Fisheries Management Council-Atlantic 
States Marine Fisheries Commission Fishery 
Management Plan for Summer Flounder is projected 
to be taken prior to the end of the calendar year, the 
Fisheries Director shall, by proclamation, close North 
Carolina ports to landing of flounder taken from the 
ocean. 

During any closed season prior to November 1, 

vessels may land up to 100 pounds of flounder per 

tnp taken from the Atlantic Ocean. 

(k) The Fisheries Director may, by proclamation, establish 

trip limits for the taking of flounder from the Atlantic Ocean to 

assure that the mdi\idual state quota allocated to North Carolina 

in the joint Mid-Atlantic Fisheries Management Council-Atlantic 

States Marine Fisheries Commission Fishery Management Plan 

for Summer Flounder is not exceeded. 

History Note: Filed as a Temporary Amendment Eff. 

November 1, 1995 for a period of 180 days or until the 

permanent rule becomes effective, whichever is sooner: 

Authority G.S. 113-134; 113-182; 113-221; 143B-289.4; 

Eff January 1. 1991: 

Amended Eff March 1. 1996: February 1. 1992; 

Temporary Amendment Eff. December 23, 1996; 

Amended Eff April 1, 1997; 

Temporary Amendment Eff August 18, 1997; 

Amended Eff. Ausu.st 1. 1998. 

SUBCHAPTER 30 - LICENSES, LEASES, AND 
FRANCHISES 

SECTION .0200 - LEASES AND FRANCHISES 



(3) 



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.0211 PROTECTION OF PRIVATE SHELLFISH 
INTEREST 

It is unlaw'fijl to use any trawl net. long haul seine, swipe net. 
dredge, or mechanical method for clams or oysters on any 
shellfish lease or fi^nchise unless it has been duly authorized by 
the Fisheries Director as provided in 15A NCAC 3K .0206 and 
.0303. 

History Note: Authority G.S. 113-134; 113-182; 113-201: 
Eff. October 1. 1992: 
Amended Eff. Aimist L 1998. 



CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7H - STATE GUIDELINES FOR 
AREAS OF ENVIRONMENTAL CONCERN 

SECTION .1100 - GENERAL PERMIT FOR 

CONSTRUCTION OF BULKHEADS AND THE 

PLACEMENT OF RIPRAP FOR SHORELINE 

PROTECTION IN ESTUARINE AND PUBLIC 

TRUST WATERS 

.1104 GENERAL CONDITIONS 

(a) This permit authorizes only the construction of bulkheads 
and the placement of riprap conforming to the standards herein. 

(b) Individuals shall allow authorized representatives of the 
Department of Environment. Health, and Natural Resources to 
make periodic inspections at any time deemed necessary in order 
to be sure that the acti\ it>' being performed under authorit>' of 
this general permit is in accordance with the terms and 
conditions prescribed herein. 

(c) There shall be no sigmficant interference with na\igation 
or use of the \\aters by the public by the existence of the 
bulkhead or the riprap authorized herein. 

(d) This permit will not be applicable to proposed 
construction where the Department has determined, based on an 
initial review of the applicatioa that notice and re\ iew pursuant 
to G.S. 113A-119 is necessary' because there are unresolved 
questions concenung the proposed activity's impact on adjoining 
properties or on water qualitv*; air qualitv': coastal wetlands; 
cultural or historic sites; wildlife; fisheries resources; or public 
trust rights. 

(e) This permit does not eliminate the need to obtain any other 
required state, local, or federal authorization. 

(f) Development earned out under this permit must be 
consistent with all local requirements. AEG rules, and local land 
use plans current at the time of authorization. 

History Note: Authority G.S. 113A-107(a): 113A-107(b): 

113A-113(b); 113A-118.'l: 113A-124: 

Eff. March 1. 1984; 

Amended Eff May 1. 1990; December 1, 1987; 

RRC Objection due to ambiguity Eff May 19. 1994; 

Amended Eff August f_ 1998; July 1. 1994. 

SECTION .1300 - GENERAL PERMIT TO MAINTAIN: 
REPAIR AND CONSTRUCT BOAT 



RAMPS ALONG ESTUARINE SHORELINES 

AND INTO ESTUARINE AND PUBLIC TRUST 

WATERS 

.1304 GENERAL CONDITIONS 

(a) Structures authorized by this permit shall be 
non-commercial boat ramps constructed of acceptable material 
and conforming to the standards herein. 

(b) Individuals shall allow authorized representatives of the 
Department of Environment and Natural Resources to make 
periodic inspections at any time deemed necessarv' in order to be 
sure that the activity being performed under authoritv' of this 
general permit is in accordance with the terms and conditions 
prescribed herein. 

(c) There shall be no unreasonable interference with 
navigation or public use of the waters during or after 
construction. 

(d) This permit will not be applicable to proposed 
construction where the Department has determined, based on an 
initial review of the apphcation. that notice and review pursuant 
to G.S. 113A-119 IS necessary because there are umesolved 
questions concerning the proposed activitv's impact on adjoining 
properties or on water qualitv; air qualitv; coastal wetlands; 
cultural or historic sites; wildlife; fisheries resources; or public 
trust rights. 

(e) This permit does not eliminate the need to obtain any other 
required state, local, or federal authorization. 

(f) Development carried out under this permit must be 
consistent with all local requirements. AEG rules, and local land 
use plans current at the time of authorization. 

History Note: Authority G.S. 113A-1 07(a); 113A-1 07(b); 

113A-I13(b); 113A-118.'l: 113A-124; 

Eff March 1. 1984; 

Amended Eff May 1. 1990: 

RRC Objection due to ambiguity Eff May 19. 1994; 

Amended Eff. Ausu.st 1^ 1998; July 1, 1994. 

SECTION .1400 - GENERAL PERMIT FOR 
CONSTRUCTION OF WOODEN GROINS IN 
ESTUARINE AND PUBLIC TRUST WATERS 

.1404 GENERAL CONDITIONS 

(a) Structures authorized by this permit shall be simple, 
wooden groins conforming to the standards herein. 

(\)) Indiv iduals shall allow authorized representatives of the 
Department of Environment and Natural Resources to make 
periodic inspections at any time deemed necessarv' in order to be 
sure that the activitv being performed under authoritv' of this 
general permit is in accordance with the terms and conditions 
prescribed herein. 

(c) There shall be no significant interference with navigation 
or use of the waters by the public by the existence of wooden 
groins authorized herein. 

(d) This permit will not be applicable to proposed 
construction where the Department has determined, based on an 
initial review of the applicatioa that notice and review pursuant 
to G.S. 113A-119 is necessarv because there are unresolved 



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APPROVED RULES 



questions concerning the proposed acUMt> 's impact on adjoining 
properties or on water quality; air qualm; coastal wetlands; 
cultural or histonc sites; wildlife; fisheries resources; or public 
trust rights. 

(e) This permit does not eliminate the need to obtain any other 
required state, local, or federal authonzation. 

(0 De\elopment carried out under this permit must be 
consistent witli all local requirements. AEC rules, and local land 
use plans current at the time of authorization. 

Hislon'Xole: Auihonn' G.S. 113A-107(a); 1]3A-I07(bj; 

113A-1 13(b): 113A-118.'l: 113A-124: 

Eff. March 1. 1984: 

Amended Eff. May 1 . 1990: 

RRC Objection due to ambiguity Eff. May 16. 1994: 

Amended Eff. August 1. 1998: July 1, 1994. 

SECTION .1500 - GENERAL PERMIT FOR 

EXCAVATION WITHIN OR CONNECTING TO 

EXISTING CANALS: CHANNELS: BASINS: OR 

DITCHES IN ESTUARINE WATERS: 

PUBLIC TRUST WATERS: AND ESTUARINE 

SHORELINE AEC'S 

.1504 GENERAL CONDITIONS 

(a) Indi\iduals shall allow authorized representatives of the 
Department of Environment and Natural Resources to make 
periodic inspections at any time necessan,- to ensure that the 
actiMt> being performed under authority of this general permit 
is in accordance with the terms and conditions prescribed herein. 

(b) This general permit will not be applicable to proposed 
maintenance exca\ation when the Department determines that 
the proposed acti\it>' will ad\ersely affect adjacent propert> . 

(c) This permit will not be applicable to proposed 
construction where the Department has determined, based on an 
initial re\iew of the application, that notice and re\iew pursuant 
to G.S. 113A-119 is necessan. because there are unresolved 
questions concerning the proposed acti\-it>'s impact on adjoining 
properties or on water qualit>"; air quality'; coastal wetlands; 
cultural or historic sites; wildlife; fishenes resources; or public 
trust rights. 

(d) New basins within or with connections to priman* nursen 
areas are not allowed. 

(e) No new basins will be allowed that result in closure of 
shellfish waters according to the closure policy of the Division 
of En\ironmental Health. 

(f) This permit does not eliminate the need to obtain any other 
required state, local, or federal authonzation. nor. to abide by 
regulations adopted by any federal or other state agency. 

(g) Development carried out under this permit must be 
consistent with all local requirements. .^EC rules, and local Land 
Use Plans current at the time of authorization. 

History Xote: Authority G.S. 1 13A'107(a).(h): 113A-113(b}: 

113A-I18.1: 113-229(01): 

Eff July 1. 1984: 

Amended Eff May 1. 1990: December 1. 1987: 

RRC Objection due to ambiguity Eff May 19. 1994: 



Amended Eff August L 1998: July 1, 1994. 

SECTION .1700 - GENERAL PERMIT FOR 

EMERGENCY W ORK REQUIRING A CAMA 

AND/OR A DREDGE AND FILL PERMIT 

.1704 GENERAL CONDITIONS 

(a) Work permitted by means of an emergency.' permit shall be 
subject to the following limitations: 

(1) No w ork shall begin until an onsite meeting is held 
with the applicant and appropriate Dmsion of Coastal 
Management representati\e so that the proposed 
emergenc\- work can be appropriately marked. 
Written authorization to proceed with the proposed 
development can be issued during this visit. 

(2) No work shall be permitted other than that which is 
necessary to reasonabh' protect against or reduce the 
imminent danger caused by the emergency to restore 
the damaged propert>- to its condition immediately 
before the emergenc>'. or to re-establish necessan.- 
public facilities or transportation corridors. 

(3) Any permitted erosion control projects shall be 
located no more than 20 feet watervvard of the 
endangered structure. 

(4) Fill materials used in conjunction with emergenq.' 
work for storm or erosion control shall be obtained 
from an upland source. E.xcavation below MHW in 
the Ocean Hazard AEC may be allowed to obtain 
material to fill sandbags used for emergency 
protection. 

(5) Structural work shall meet sound engineering 
practices. 

(6) This permit allows the use of oceanfront erosion 
control measures for all oceanfront properties without 
regard to the size of the existing structure on the 
property or the date of construction. 

(b) Indi^•iduals shall allow authorized representati\es of the 
Department of Emironment and Natural Resources to make 
inspections at any time deemed necessan' to be sure that the 
actiMt> being performed under authorit>' of this general permit 
is in accordance with the terms and conditions prescribed herein. 

(c) There shall be no unreasonable interference with 
navigation or public use of the waters during or after 
construction. 

(d) This pennit will not be applicable to proposed 
construction where the Department has determined, based on an 
initial review of the application, that notice and review pursuant 
to G.S. I13.A.-119 is necessan.- because there are umesolved 
questions concermng the proposed acti\it>'s impact on adjoining 
properties or on water qualit)-; air qualm-; coastal wetlands; 
culUiral or historic sites; wildlife; fishenes resources; or public 
trust nghts. 

(e) This permit does not eliminate the need to obtain an> other 
state, local, or federal authorization. 

(f) De\elopment carried out under this permit must be 
consistent with all local requirements, CAMA rules, and local 
land use plans, storm hazard mitigation, and post-disaster 
reco\en.- plans current at the time of authorization. 



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APPROVED RULES 



History Note: Authority G.S. U3-229(cl): 1 I3A-I07(a),(b): 

113A-U3(b): 113A-118A: 

Eff. November 1, 1985; 

Amended Eff. December I, 1991; May 1. 1990; 

RRC Objection due to ambiguity Eff. May 19, 1994; 

Amended Eff. August 1. 1998; July 1. 1994. 

SECTION .1800 - GENERAL PERMIT TO ALLOW 

BEACH BULLDOZING LANDWARD OF 

THE MEAN HIGH WATER MARK IN THE OCEAN 

HAZARD AEC 

.1804 GENERAL CONDITIONS 

(a) Any future setback determinations w hich may be required 
shall be made using the first line of stable natural vegetation 
established prior to the bulldozing activity. 

(b) Indi\iduals shall allow authorized representatives of the 
Department of Emironment and Natural Resources to make 
periodic inspections at any time deemed necessary to ensure that 
the activity' being performed under authority of this general 
permit is in accordance with the terms and conditions prescribed 
herein. 

(c) This permit will not be applicable to proposed 
construction where the Department has determined, based on an 
initial review of the application, that notice and review pursuant 
to G.S. 113A-119 is necessary because there are unresolved 
questions concerning the proposed activity's impact on adjoining 
properties or on water qualit); air quality: coastal wetlands; 
cultural or historic sites; wildlife; fishenes resources; or public 
trust rights. If a shipwreck is unearthed, all work shall stop and 
both the Division of Archives and History and Coastal 
Management shall be contacted immediately. 

(d) This permit does not eliminate the need to obtain any 
other required state, local or federal authorization. 

(e) Development carried out under this permit must be 
consistent with all local requirements. AEC rules, and local Land 
Use Plans current at the time of authorization. 

History Note; Authority G.S. 113-229(cl); 1 1 3A- 107(a) (b); 

113A-1 13(b); 113A-118.'l; 

Eff December 1, 1987; 

Amended Eff May 1 , 1990; 

RRC Objection due to ambiguity Eff May 19. 1994; 

Amended Eff August 1J998; July 1. 1994. 

SECTION .1900 - GENERAL PERMIT TO ALLOW 

FOR TEMPORARY STRUCTURES 

WITHIN ESTUARINE AND OCEAN 

HAZARD AECS 

.1904 GENERAL CONDITIONS 

(a) Temporan,- structures for the purpose of this general 
permit are those which are constructed within the ocean hazard 
or estuarine s>stem AECs and because of dimensions or 
functions do not meet the criteria of the e.\i sting general permits 
(i.e. are not a bulkhead, pier, rip-rap. groin, etc.). 

(b) There shall be no encroachment oceanward of the first 
line of stable vegetation within the ocean hazard AEC except for 



the placement of auxilian^ structures such as signs, fences, posts, 
pilings, etc. 

(c) There shall be no fill activity below the plane of mean 
high water associated with the structure. 

(d) This permit will not be applicable to proposed 
construction where the Department has determined, based on an 
initial review of the application, that notice and review pursuant 
to G.S. 113A-119 is necessary' because there are unresolved 
questions concerning the proposed activity's impact on adjoining 
properties or on water quality; air quality; coastal wetlands; 
cultural or historic sites; wildlife; fisheries resources; or public 
trust rights. 

(e) Individuals shall allow authorized representatives of the 
Department of Environment and Natural Resources to make 
periodic inspections at any time necessarv' to ensure that the 
activity being performed under authority of this general permit 
is in accordance with the terms and conditions prescribed herein. 

(f) This permit does not eliminate the need to obtain any other 
state, local or federal authorization, nor, to abide by regulations 
adopted by any federal, state, or local agency. 

(g) Development carried out under this permit must be 
consistent with all local requirements, and local land use plans 
current at the time of authorization. 

History Note; Authority G.S. 113-229(cl); 1 13A- 107(a) (b); 

113A-1 13(b); 113A-118.'l; 

Eff March 1, 1989; 

Amended Eff May 1. 1990; March 1, 1990; 

RRC Objection due to ambiguity Eff May 19, 1994; 

A mended Eff August 1.1998; July 1 , 1 994. 

SECTION .2000 - GENERAL PERMIT FOR 

AUTHORIZING MINOR MODIFICATIONS 

AND REPAIR TO EXISTING PIER/MOORING 

FACILITIES IN ESTUARINE 

AND PUBLIC TRUST WATERS 

.2004 GENERAL CONDITIONS 

(a) Strucmres authorized by this permit shall conform to the 
standards herein. 

(b) Individuals shall allow authorized representatives of the 
Department of Emironment and Natural Resources to make 
periodic inspections at any time deemed necessary in order to be 
sure that the activitv' being performed under the authoritv' of this 
general permit is in accordance with the terms and conditions 
prescribed herein. 

(c) There shall be no unreasonable interference with 
navigation or use of the w aters by the public by the existence of 
piers or mooring pilings. 

(d) This permit will not be applicable to proposed 
construction where the Department has determined, based on an 
initial review of the application, that notice and rev iew pursuant 
to G.S. 113A-119 is necessary because there are unresolved 
questions concerning the proposed activity's impact on adjoining 
properties or on water qualitv'; air qualitv; coastal wetlands; 
cultural or historic sites; wildlife; fisheries resources; or public 
trust rights. 

(e) This permit does not eliminate the need to obtain any other 



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APPROVED RULES 



required state, local, or federal authorization. 

(f) De\elopment carried out under this pennit must be 
consistent with all local requirements. AEC rules, and local land 
use plans current at the time of authorization. 

(g) This general permit will not be applicable where the 
Department determines tliat tlie proposed modification will result 
in closure of waters to shellfishing under rules adopted by the 
Commission for Health Services. 

History Xote: Authority G.S. 113A-107: 113A-118.1: 
Eff. January 1, 1994: 
Amended Eff. August 1.1998. 

SECTION .2100 - GENERAL PERMIT FOR 

CONSTRUCTION OF MARSH ENHANCEMENT 

BREAKWATERS FOR SHORELINE PROTECTION 

IN ESTUARINE AND PUBLIC TRUST WATERS 

.2104 GENER.\L CONDITIONS 

(a) This pennit authorizes only the construction of 
breakwaters conforming to the standards herein. 

Oa) Individuals shall allow authonzed representati\es of the 
Department of En\ironment and Natural Resources to make 
periodic inspections at any time deemed necessan. in order to be 
sure that the acti\it>' being performed under authority of this 
general permit is in accordance with the terms and conditions 
prescribed herein. 

(c) There shall be no significant interference with na\igation 
or use of the waters b>' the public by the existence of the 
breakwater authorized herein. 

(d) This permit will not be applicable to proposed 
construction where the Department has determined, based on an 
imtiaJ rcMCW of the apphcatioa that notice and re\ iew pursuant 
to G.S. 113 A- 119 is necessan. because there are unresolved 
questions concerning the proposed acti\it>'s impact on adjoining 
properties or on water quality', air quality; coastal wetlands; 
cultural or histonc sites; wildlife; fisheries resources; or public 
trust rights. 

(e) This permit does not eliminate the need to obtain any other 
required state, local, or federal authonzation 

(f) Development earned out under this permit must be 
consistent witli all local reqmrements. .A£C rules, and local land 
use plans current at the time of authonzation. 

History Note: Authority G.S. 113A-107: 113A-118. 1: 
RRC Objection due to ambiguity Eff. May 19, 1994; 
Eff July 1, 1994: 
Amended Eff. August 1.1998. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 



.0333 MECKLENBURG AND GASTON COUNTIES 

(a) Regulated Areas. This Rule applies only on that portion 
of the waters of Lake Wylie which lies within the boundaries of 
Mecklenburg and Gaston Counties and to the restricted zones 
indicated by Paragraphs (1)). (c). (d), (e), (f), (g). (h). (i), and (j) 
of this Rule on such waters. 

(b) Speed Limit Near Ramps. No person shall operate a 
\essel at greater than no-wake speed within 50 yards of any 
public boat-launching ramp in Mecklenburg County. 

(c) Speed Limit Near Piers No person shall operate a vessel 
at greater than no-w ake speed limit w ithm 50 > ards of any pier 
operated by Mecklenburg County for public use. 

(d) Speed Limit at McDowell Park. No person shall operate 
a \essel at greater than no-wake speed on the waters of the co\'es 
adjoimng McDowell Park and the Southwest Nature Preser\'e in 
Mecklenburg Count>'. including the entrances to the coves on 
either side of Copperhead Island. 

(e) Speed Limit at Gaston County Wildlife Club Cove. No 
person shall operate a vessel at greater than no-wake speed on 
the w aters of the cove at the Gaston Count}' Wildlife Club on 
South Point Peninsula in Gaston Count>'. 

(f) Speed Limit in Mooring Areas. No person shall operate 
a \ essel at greater than no-wake speed while within a marked 
mooring area established in Mecklenburg Count\' with the 
approval of the Executive Director, or his representative. 

(g) Restricted Swimming Areas. No person operating a 
\essel shall permit it to enter an\' marked swimming area 
established in Mecklenburg County with the appro\al of the 
Executive Director, or his representative. 

(h) Speed Limit Near Boating Facilities. No person shall 
operate a \essel at greater than no-wake speed within 50 yards 
of any boat launching ramp. dock. pier, marina, boat storage 
structure or boat serv ice area on that part of Lake Wylie. 
including the South Fork Ri\er arm, which is located in Gaston 
Count}-. 

(1) No person shall operate a \essel at greater than no-wake 
speed within the area 250 feet to the north and 150 feet to the 
south of the Buster Boyd Bridge on Lake Wylie. 

(j) Speed Limit Near Highway 27 Bridge. No person shall 
operate a vessel at greater than no-wake speed beginning 50 
yards north of the NC 27 Bridge and extending 50 yards south 
of the southernmost of two railroad trestles immediately 
downstream from the NC 27 Bndge. 

(k) Placement and Maintenance of Markers. The Boards of 
Commissioners of Mecklenburg County and Gaston Count}' are 
designated suitable agencies for placement and maintenance of 
markers implementing this Rule, subject to the appro\al of the 
Umted States Coast Guard and the United States Army Corps of 
Engineers. With regard to marking the restricted zones indicated 
in this Rule, all of the supplementan.- standards listed in Rule 
.0301(g) of this Section shall apply. 



SUBCHAPTER lOF - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 



Hi.'^tory Xote: Authority G.S. 75A-3: 75A-15: 

Eff July 1. 1980: 

Amended Eff. July 1. 1994: June 1. 1985: June 1. 1984; March 

1. 1983: 

Temporary- Amendment Eff January I. 1998: 

Amended Eff July 1 . 1998. 



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APPROVED RULES 



CHAPTER 11 - RADIATION PROTECTION 

SECTION .0300 - LICENSING OF RADIOACTIVE 
MATERIAL 

.0339 EXPIRATION AND TERMINATION OF 
LICENSES & DECOMMISSIONING 

(a) Each specific license expires at the end of the day on the 
expiration date stated in the license unless the licensee has filed 
an application for renewal, as required in Rule .0340 of this 
Section, not less than 30 days before the expiration date stated 
in the existing license. If an application for renewal has been 
filed at least 30 days prior to the expiration date stated in the 
existing hcense, the existing license expires at the end of the day 
on which the agency makes a final determination to deny the 
renewal application or, if the determination states an expiration 
date, the expiration date stated in the determination. 

(b) Each specific license revoked by the agency, as provided 
for in Rule.0344 of this Section, expires at the end of the day on 
the date of the agency's final determination to revoke the license, 
or on the expiration date stated in the determination, or as 
otherwise provided by agency order. 

(c) Each specific license continues in effect, beyond the 
expiration date if necessan, with respect to possession of 
residual radioactive material present as contamination until the 
agency notifies the licensee in writing that the license is 
terminated. During this time, the licensee shall: 

( 1 ) limit actions involving radioactive material to those 
related to decommissioning: and 

(2) continue to control entry to restricted areas until they 
are suitable for release for unrestricted use and the 
agencv' notifies the licensee in writing that the license 
is terminated. 

(d) Within 60 days of the occurrence of any of the following, 
each licensee shall provide notification to the agency in writing 
of such occurrence, and either begin decommissioning its site, or 
any separate building or outdoor area that contains residual 
radioactiv itv' so that the building or outdoor area is suitable for 
release in accordance with Commission requirements, or submit 
within 12 months of notification a decommissioning plan, if 
required by Subparagraph (g)(1) of this Rule, and begin 
decommissioning upon approval of that plan if 

( 1 ) The hcense has expired pursuant to Paragraphs (a) or 
fb) of this Rule; 

(2) The licensee has decided to permanently cease 
principal activities at the entire site or in any separate 
building or outdoor area that contains residual 
radioactivitv' such that the building or outdoor area is 
unsuitable for release in accordance with Commission 
requirements; 

(3) No principal activities under the license have been 
conducted for a period of 24 months: or 

(4) No principal activities have been conducted for a 
period of 24 months in any separate building or 
outdoor area that contains residual radioactivity such 
that the building or outdoor area is unsuitable for 
release in accordance with Commission requirements. 



(e) Coincident with the notification requirements set forth in 
Paragraph (d) of this Rule, the licensee shall maintain in effect 
all decommissioning financial assurances established by the 
licensee pursuant to Rule .0353 of this Section in conjunction 
with a license issuance or renewal, or as required by this Rule. 
The amount of the financial assurance must be increased, or may 
be decreased as appropriate, to cover the detailed cost estimate 
for decommissioning established in Paragraph (g) of this Rule. 

(1) Any licensee who has not provided financial 
assurance to cover the detailed cost estimate 
submined with the decommissioning plan shall do so 
when this Rule becomes effective. 

(2) Following agency approval of the decommissioning 
plan, a licensee mav' reduce the amount of the 
financial assurance as decommissioning proceeds and 
radiological contamination is reduced at the site with 
the approval of the agency. 

(f) The agency may grant a request to extend the time periods 
required in Paragraph (d) of this Rule if the agency determines 
that this relief is not detrimental to the public health and safety 
and is otherwise in the public interest. The request shall be 
submitted to the agency no later than 30 days before notification 
pursuant to Paragraph (d) of this Rule. The schedule for 
decommissioning set forth in Paragraph (d) of this Rule may not 
commence until the agency has made a determination on the 
licensee's request. 

(g) A decommissioning plan shall be submitted if required by 
license condition or if the procedures and activities necessary to 
carrv' out decommissioning of the site or separate building or 
outdoor area have not been previously approved by the agency 
and these procedures could increase potential health and safety 
impacts to w orkers or to the public, such as in any of following 
cases: 

(1) Procedures would involve techniques not applied 
routinely during cleanup or maintenance operations: 

(2) Workers would be entering areas not normally 
occupied where surface contamination and radiation 
levels are significantly higher than routinely 
encountered during operation: 

(3) Procedures could result in significantly greater 
airborne concentrations of radioactive materials than 
are present during operation: or 

(4) Procedures could result in significantly greater 
releases of radioactive material to the environment 
than those associated with operation. 

(h) The agency may approve an alternate schedule for 
submittal of a decommissioning plan required pursuant to 
Paragraph (d) of this Rule if the agency determines that the 
alternative schedule is necessary to the effective conduct of 
decommissioning operations and presents no undue nsk from 
radiation to the public health and safety and is otherwise in the 
public interest. 

(i) Procedures such as those listed in Paragraph (g) of this 
Rule with potential health and safety impacts may not be carried 
out prior to agency approval of the decommissioning plan. 

(j) The proposed decommissioning plan for the site or 
separate building or outdoor area must include: 

( 1 ) A description of the conditions of the site or separate 



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1930 



APPROVED RULES 



building or outdoor area sufficient to e\aluate the 
acceptabilit>- of the plan: 

(2) A descnption of planned decommissioning actnities; 

(3) A descnption of metliods used to ensure protection of 
workers and the emironment against radiation 
hazards during decommissioning; 

(4) A description of the planned final radiation suney; 

(5) An updated detailed cost estimate for 
decommissioning, comparison of that estimate with 
present funds set aside for decommissioning, and a 
plan for assunng tlte a\ailabilit>' of adequate funds for 
completion of decommissioning; and 

(6) For deconunissioning plans calling for completion of 
decommissioning later than 24 months after plan 
approval, the plan shall include a justification for the 
delay based on the cntena in Paragraph (m) of this 
Rule. 

(k) The proposed decommissioning plan w ill be approved by 
the agency if the mfomiation therein demonstrates that the 
deconmiissioning will be completed as soon as practicable and 
that the health and safet>- of workers and the public will be 
adequately protected. 

(1) Except as pro\ided in Paragraph (m) of this Rule, 
licensees shall complete decommissioning of the site or separate 
building or outdoor area as soon as practicable but no later than 
24 months following the initiation of decommissioning. E.xcept 
as pro\ided in Paragraph (m) of this Rule, when 
decommissioning imohes the entire site, the licensee shall 
request license termination as soon as practicable but no later 
than 24 months following the initiation of decommissioning. 

(m) The agenc>' may appro\e a request for an altemati^■e 
schedule for completion of decommissioning of the site or 
separate building or outdoor area, and license termination if 
appropriate, if the agency determines that the altematne is 
warranted by consideration of the following: 

(1) Whether it is technically feasible to complete 
decomimssiomng within the allotted 24 month penod: 

(2) Whether sufficient waste disposal capacity is 
a\ailable to allow completion of decommissioning 
within the allotted 24 month penod: 

(3) Whether a significant volume reduction in wastes 
reqmring disposal will be achie\ed by allowing short- 
lived radionuclides to decay: 

(4) Whether a significant reduction in radiation exposure 
to workers can be achie\ed by allowing short-li\ed 
radionuclides to decay: and 

(5) Other site-specific factors which the agency may 
consider appropriate on a case-b> -case basis, such as: 

(A) regulators requirements of other govermnent 
agencies; 

(B) lawsuits; 

(C) ground-w ater treatment acti^ities; 

(D) monitored natural ground-water restoration: 

(E ) actions that could resuh in more emironmental 
harm than deferred cleanup: and 

(F) other factors beyond the control of the licensee, 
(n) .A.S the final step in decommissioning, the licensee shall; 

(1) Certify the disposition of all licensed matenal. 



including accumulated wastes, by submitting a 
completed "Certificate of Disposition"; and 
(2) Conduct a radiation survey of the premises where the 
licensed activities were carried out and submit a 
report of the results of this survey unless the licensee 
demonstrates that the premises are suitable for release 
in some other marmer. The licensee shall, as 
appropnate: 

(A) Report levels of gamma radiation in units of 
microrem (milhsieverts) per hour at one meter 
from surfaces: 

(B) Report levels of radioactivity-, including alpha 
and beta in umts of microcuries per 100 square 
centimeters (or disintegrations per minute). 
remo\ able and fixed, for surfaces; microcunes 
per milliliter for water: and picocuries per gram 
for solids such as soils or concrete: and 

(C) Specif\- the sur\'ey instrument(s) used and 
certify that each instrument is properly 
calibrated and tested. 

(o) Specific licenses will be terminated by written notice to 
the licensee when the agency determines that: 

( 1 ) radioactne matenal has been properly disposed; 

(2) reasonable effort has been made to eliminate residual 
radioactive contamination, if present: and 

(3) a radiation survey has been performed which 
demonstrates that the premises are suitable for release 
for unrestncted use: or other information submitted by 
the licensee is sufficient to demonstrate that the 
premises are suitable for release for unrestricted use. 

History' Xole: Authority G.S. 104E-7: 104E-10(b): 104E-18: 

Eff. February 1. 1980: 

Amended Eff. Auzust 1. 199S: May 1. 1992. 

SECTION .1600 - STANDARDS FOR PROTECTION 
AGAINST R-\DIATION 

.1603 RADIATION PROTECTION PROGRAMS 

(a) Each hcensee or registrant shall develop, document, and 
implement a radiafion protection program commensurate with 
the scope and extent of licensed or registered acti\ ities and 
sufficient to ensure compliance with the provisions of this 
Section. Recordkeeping requirements relating to these programs 
are provided in Rule , 1636 of this Section 

(b) The licensee or registrant shall use procedures and 
engineering controls based upon sound radiafion protection 
principles to achieve occupational doses and doses to members 
of the public and releases of radioactive matenals in effluents to 
unrestncted areas that are as low as is reasonably achievable 
(ALARA). 

(c) The licensee or registrant shall annually review the 
radiation protection program content and implementation. 

(d) To implement the .AL,AR,A requirements of Paragraph (b) 
of tins Rule, and nonvithstandmg tlie reqmrements of Rule .1611 
of this Secuon. a constraint on air emissions of radioactive 
matenal to the emironment. excluding Radon-222 and its 
dautjhters. shall be established bv licensees such that the 



1931 



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APPROVED RULES 



individual member of the public likely to receive the highest 
dose will not be expected to receive a total effective dose 
equivalent in excess of 0.01 rem (0. 1 mSv) per year from these 
emissions. If a licensee subject to this requirement exceeds this 
dose constraint, the licensee shall report the exceedance as 
provided in Rule .1647 of this Section and promptly take 
appropriate corrective action to ensure against recurrence. 

History Note: A uthority G. S. 1 04E- 7(a) (2); 
Eff. January 1, 1994: 
Amended Eff. August 1, 1998. 

CHAPTER 18 - ENVIRONMENTAL HEALTH 

SUBCHAPTER 18A - SANITATION 

SECTION .2300 - DELEGATION OF AUTHORITY 

TO ENFORCE COMMISSION FOR HEALTH 

SERVICES' SANITATION RULES 



department. In addition, at least 10 percent of the 
activities performed by the agent shall be reviewed in 
the field by an authonzed agent employed by the 
contracting local health department. If the contracting 
local health department has no authorized employee, 
the Division shall conduct a review of each public 
record created by the contracting agent. In addition, 
at least 10 percent of the activities performed by the 
agent shall be reviewed on-site in the field by the 
Division. The review shall be conducted each month 
and shall cover the previous month's activities 
conducted by the agent. 

History Note: Authority G.S. 130A-4: 130A-29; 

Eff. October 1. 1985: 

Amended Eff July, L 1^98; September /, 1990. 

SECTION .2600 - SANITATION OF RESTAURANTS 
AND OTHER FOODHANDLING ESTABLISHMENTS 



.2305 AGENTS SERVING AS CONTRACTORS 

The Division may allow an agent who is authorized in a 
specific local health department to contract with another local 
health department to prov ide serv ices to the other local health 
department. When a local health department contracts for such 
services, the contracting department shall prov ide a statement to 
the Division on progress made to employ an individual who may 
be considered for authorization 

( 1 ) A contract shall be created between the contracting 
local health department and the agent (contractor) to 
include at least the following provisions: 

(a) Names and addresses of each partv'. 

(b) Scope of work to be performed. 

(c) A requirement that the original public records 
remain in the local health department in which 
the work is performed. The public records 
shall be left at the local health department or 
with an individual employed by the local health 
department who shall be responsible for 
returning said records to the local health 
department within two business days of the 
ser\ ice provided. 

(d) Designation of the party responsible for 
maintaining public records created by the 
agent. 

(e) A requirement that the contracfing agent be 
available for consultation to the public being 
served during usual business hours. 

(f) A requirement that the contracting agent be 
available for any hearing or other legal 
proceeding which may ensue from activities 
conducted by the agent. 

(2) The contracting agent shall maintain a list of each 
activity and the date performed for review in 
accordance with Item (3) of this Rule. 

(3) Each public record created by the contracting agent 
shall be reviewed, dated, and inidaled by an 
authorized agent of the contracting local health 



.2601 DEFINITIONS 

The following definitions shall apply in the interpretation and 
enforcement of this Section: 

(1) "Approved" means determined by the Department to 
be in compliance with this Section. 

(2) "Catered elderly nutrition site" means an 
establishment or operation where food is served, but 
not prepared on premises, operated under the 
guidelines of the N.C. Department of Human 
Resources. Division of Aging. 

(3) "Commissary" means a food stand that services 
mobile food units and pushcarts. The commissar.' 
may or may not serve customers at the food stand's 
locaUon. 

(4) "Department of Environment and Natural Resources" 
or "Department" means the North Carolina 
Department of Environment and Natural Resources. 
The term also means the authorized representative of 
the Department. For purposes of any notices required 
pursuant to these Rules, notice shall be mailed to 
"Division of Environmental Health, Environmental 
Health Services Section, North Carolina Department 
of Environment and Natural Resources." PO Box 
29534. Raleigh. NC 27626-0534. 

(5) "Drink stand" means those establishments in which 
onlv beverages are prepared on the premises and are 
served in multi-use containers, such as glasses or 
mugs. 

(6) "Employee" means any person who handles food or 
drink during preparation or serving, or who comes in 
contact with any eating or cooking utensils, or who is 
employed at any time in a room in which food or 
drink is prepared or served. 

(7) "Environmental Health Specialist" means a person 
authorized to represent the Department on the local or 
state level in making inspections pursuant to state 
laws and rules. 

(8) "Equipment" means refrigeration, including racks and 



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NORTH CAROLINA REGISTER 



May 1, 1998 



1932 



APPROVED RULES 



shehing used m refngeralion. utensil cleaning and 
culinan- sinks and dramboards. warewashing and 
dishwashing machines, food preparation tables, 
counters, stoves. o\ens. and other food preparation 
and holding appliances. 
(9) "Food" means any raw, cooked, or processed edible 
substance, ice. be\erage, or ingredient used or 
intended for use or for sale in whole or in part for 
human consumption 

(10) "Food stand" means tliose food senice establishments 
which prepare or ser^e foods and which do not 
pro\ide seating facilities for customers to use while 
eating or drinking. Establishments which only serve 
such items as dip ice cream, popcorn, candied apples, 
or cotton candy are not included. 

(11) "Good Repair" means that the item in question can be 
kept clean and used for its intended purpose. 

(12) "Hermetically sealed container" means a container 
designed and intended to be secure against the entn.' 
of micro-organisms and to maintain the commercial 
sterilit}' of its contents after processing. 

(13) "Limited food service establishment" means a food 
senice establishment as described in G.S. 130A- 
247(7). 

(14) "Local Health Director" means the administrati\e 
head of a local health department or his authonzed 
representative. 

(15) "Mobile food unit" means a vehicle-mounted food 
service establishment designed to be readily mo^■ed. 

(16) "Person" means any indnidual. firm, association, 
organization, partnership, business trust, corporation, 
or company. 

(17) "Potentially hazardous food" means any food or 
ingredient, natural or synthetic, in a form capable of 
supporting the growth of infectious or toxigenic 
microorganisms, including Clostridium botulinum 
This term includes raw or heat treated foods of animal 
origin, raw seed sprouts, and treated foods of plant 
origin. The term does not include foods which have 
a pH le\el of 4.6 or below or a water activity (Aw) 
value of 0.85 or less. 

(18) "Pri\ate club" means a private club as defined in G.S. 
130.4-247(2). 

(19) "Pushcart" means a mobile piece of equipment or 
vehicle which serves hot dogs or foods which have 
been prepared, pre-portioned, and indnidually 
pre-wrapped at a restaurant or commissar. . 

(20) "Responsible person" means the indi\idual present in 
a food service establishment who is the apparent 
supervisor of the food service establishment at the 
time of inspection. If no individual is the apparent 
supervisor, then any employee is the responsible 
person. 

(2 1 ) "Restaurant or food service establishment" means all 
establishments and operations where food is prepared 
or ser\ed at wholesale or retail for pa>'. or any other 
estabhshment or operation where food is prepared or 
sened that is subject to the pro\isions of G.S. 



1 30A-248. The tenn does not include establishments 
which only serve such items as dip ice cream, 
popcorn, candied apples, or cotton candy. 

(22) "Sanitize" means the approved bactericidal treatment 
by a process which meets the temperature and 
chemical concentrafion levels in 15A NCAC 18A 
.2619. 

(23) "Sewage" means the liquid and solid human body 
waste and liquid waste generated by water-using 
fixtures and appliances, including those associated 
with foodhandling. The term does not include 
industrial process wastewater or sewage that is 
combined with industrial process wastewater. 

(24) "Single ser\ice" means cups, containers, lids, 
closures, plates, knives, forks, spoons, stirrers, 
paddles, straws, napkins, wrapping matenals, 
toothpicks, and similar articles intended for one-time, 
one person use and then discarded. 

(25) "Substantially similar" means similar in importance, 
degree, amount, placement or extent. 

(26) "Temporary food establishment" means those food or 
drink establishments w hich operate for a penod of 1 5 
da> s or less, in coimection with a fair. camiNal, circus, 
public exhibition, or other similar gathering. 

(27) "Threat to the Public Health" means circumstances 
which create a significant nsk of senous physical 
injury or serious ad\erse health effect. 

(28) "Utensils" means any kitchenware. tableware, 
glassware, cutler.', containers and similar items with 
w hich food or drink comes in contact during storage, 
preparation, or serving. 

History Note: Authority G.S. 130A-248; 

Eff. May 5, 1980; 

Amended Eff January 1, 1996: July 1, 1994: January 4. 1994: 

July 1, 1993: 

Temporary Amendment Eff. April 8. 1996: 

Amended Eff. August 1. 1998; April 1. 1997. 

.2603 PUBLIC DISPLAY OF GRADE CARD 

(a) Upon imtial inspection of a food service establishment or 
if a reno\ation or other change in the establishment makes the 
grade inconspicuous, the Emironmental Health Specialist shall 
designate the location for posfing of the grade card. The grade 
card shall be located in a conspicuous place where it may be 
readih observed b> the public upon entering the establishment. 
If the responsible person of the food ser\ice establishment 
objects to the location designated by the Environmental Health 
Specialist, then the responsible person may suggest an 
altemati^•e location which meets the criteria of this Rule. 

(b) Whene\er an inspection of a restaurant, food stand, or 
dnnk stand is made, the Emironmental Health Specialist shall 
remo\e the existing grade card issue a new grade card, and post 
the new grade card in the same location where the grade card 
was prcMously posted as long as that location remains 
conspicuous. The responsible person or operator of the food 
service establishment shall be responsible for keeping the grade 
card posted at the designated location at all times. The grade 



1933 



NORTH CAROLINA REGISTER 



May I, 1998 



12:21 



APPROVED RULES 



card may be posted in another location which meets the critena 
of this Rule if agreed upon by the responsible person and 
Environmental Health Specialist. 

History Note: Authority G.S. 130A-248: 

Eff. May 5. 1980; 

Amended Eff. August 1, 1998: July 1. 1986: July 1, 1984. 

.2604 INSPECTIONS AND REINSPECTIONS 

(a) Upon entry into a food ser\ice establishment. 
Emironmental Health Specialists shall identify themsehes and 
their purpose in visiting that establishment. Environmental 
Health Specialists shall inquire as to the identify of the 
responsible person and invite the responsible person to 
accompany them during the inspection. If no employee is 
identified as the responsible person. Environmental Health 
Specialists shall invite an employee to accompany them on the 
inspection. Following the inspection, the Environmental Health 
Specialist shall offer to review the results of the inspection with 
the responsible person. 

(b) The grading of restaurants, food stands, or dnnk stands 
shall be done on an inspection form furnished by the Department 
to local health departments. The form shall pro\ide for but need 
not be limited to the following information: 

(1) the name and mailing address of the facilify; 

(2) the name of person to whom permit is issued; 

(3) the permit and score given; 

(4) standards of construction and operation as listed in 
Rules .2607 through .2644 of this Section; 

(5) a short explanation for all points deducted; 

(6) the signature of the Environmental Health Specialist; 

(7) the date. 

(c) In filling out the inspection form, points may be deducted 
only once for a single occurrence or condition existing within or 
outside of the food service establishment. Deductions shall be 
based on actual violations of these Rules obsened during the 
inspecuon. The Emironmental Health Specialist shall take zero, 
one-half or a full deduction of points depending upon the 
severify or the recurring nature of the Molation. 

(d) In deterrmning whether items or areas of an establishment 
are clean for purposes of enforcing the rules set forth in this 
Section and grading an establishment the Emironmental Health 
Specialist shall consider, among other things; the age of the 
accumulated material, the relati\e percentage of items w hich are 
clean and not clean, the cleaning practices of the establishment 
and the health risk posed by the circumstances. 

(e) Upon request of the permit holder or his or her 
representative a reinspection shall be made. 

(f) In the case of establishments that ha\e been closed for 
failure to comply with these Rules, a reinspection to consider the 
issuance or reissuance of a permit shall be made at the earliest 
convenience of the Environmental Health Specialist. 

(g) In the case of establishments which request an inspection 
for the purpose of raising the alphabetical grade, and which hold 
unrevoked permits, the Environmental Health Specialist shall 
make an unarmounced inspection after the lapse of a reasonable 
period of time, not to exceed 1 5 days, from the date of the 
request 



History Note: Authority G.S. 130A-248: 

Eff. May 5. 1980: 

Amended Eff. August 1, 1998: May 1, 1991: March 1, 1988. 

.2606 GRADING 

(a) The sanitation grading of all restaurants, food stands, and 
drink stands, shall be based on a system of scoring w herein all 
establishments recei^ing a score of at least 90 percent shall be 
awarded Grade A; all establishments recei\ing a score of at least 
80 percent and less than 90 percent shall be awarded Grade B; 
all establishments receiving a score of at least 70 percent and 
less than 80 percent shall be awarded a Grade C. Permits shall 
be re\oked for establishments receiving a score of less than 70 
percent. 

(b) The grading of restaurants, food stands, and drink stands, 
shall be based on the standards of operation and construction as 
set forth in Rules .2607 through 2644 of this Section. An 
establishment shall receive a credit of two points on its score for 
each inspection if a manager or other employee responsible for 
operation of that establishment and who is employed full time in 
that particular establishment has successfully completed in the 
past three > ears a food service sanitation program appro^■ed by 
the Department. E\ idence that a person has completed such a 
program shall be maintained at the establishment and pro\ ided 
to the Environmental Health Specialist upon request. An 
establishment shall score at least 70 percent on an inspection in 
order to be eligible for this credit. 

(c) The posted numerical grade shall not be changed as a 
result of a food sampling inspection. 

(d) The Department shall instimte a pilot program in no more 
than seven counties. The pilot counties will be determined by 
mutual agreement of the local board of health and the 
Department. In the pilot counties, the grading will be conducted 
in accordance with this Section howe\er. the numerical score 
rather than the letter grade awarded will be posted. Rule .2603 
of this Section shall apply to the posting of the placards showing 
the numerical score. The Department shall evaluate the pilot 
program and report the evaluation to the Commission for Health 
Ser\ices at the August 1999 Commission of Health Services 
meeting. 

(e) Nothing herein shall effect the right of a permit holder to 
a reinspection pursuant to Rule .2604 of this Section. 

(0 Nothing herein shall prohibit the Department from 
immediately suspending or revoking a permit pursuant to G.S. 
130A-23(d). 

History Note: Authority G.S. 130A-248: 

Eff. May 5. 1980: 

Amended Eff August 1, 1998; July 1, 1993; March 1, 1988. 

.2607 STANDARDS AND APPROVAL OF PLANS 

(a) Plans, drawn to scale, and specifications, including the 
proposed menu, for new food service establishments shall be 
submitted for review and appro\al to the local health agency 
prior to initiating construction. Plans, drawn to scale, and 
specifications including the proposed menu shall also be 
submitted prior to construction of changes in the dimensions of 
food preparation areas. se;iting capacify or the addition of rooms 



12:21 



NORTH CAROLINA REGISTER 



May 1, 1998 



1934 



APPROVED RULES 



to existing food service establishments. These plans shall 
include changes related to the increase in dimensions of food 
preparation areas, seating capacity' or the addition of rooms. 

(b) Plans, drawn to scale, and specifications including the 
proposed menu . for prototype "franchised" or "chain" facilities 
shall be submitted for review and approval to the Environmental 
Health Senices Section, Division of Environmental Health. 
Plans for "franchised" or "chain" facilities which are certified by 
an architect to be the same or substantially similar to the 
prototype facility and "fnmclused" or "chain" facilities which are 
not prototypes shall be subimtted only to the local health agency 
as required in Paragraph (a) of this Rule. At the time of 
submission to the lociil health agency, an architect shall set forth 
in writing how these plans differ from the prototype plans 
approved by the Division. Copies of this letter shall be 
submitted to the Environmental Health Services Section and the 
local health agency. 

(c) Construction shall comply with approved plans and 
specifications. 

History Note: Authority G.S. 130A-248: 

Eff. May 5, 1980: 

Amended Efr. August 1, 1998: July 1, 1993; July 1, 1992; May 

1. 1991; July 1, 1984. 

.2608 SOURCES OF FOOD 

All food shall be obtained from sources that comply with all 
laws relating to food and food labeling and shall be properly 
identified. Food in hermetically sealed containers shall have 
been processed in a commercial food processing establishment 
operated in compliance with G.S. 106-120 through 145. Copies 
of G.S. 106-120 through 145 may be obtained from the Food and 
Drug Protection Division, North Carolina Department of 
Agriculture. All food shall be clean, wholesome, free from 
adulteration and spoilage, safe for himian consimiption, and shall 
be handled, served, or transported in such a manner as to prevent 
contamination, adulteration, and spoilage. Only approved 
containers and utensils may be used. Foods that are spoiled or 
othenvise unfit for human consumption shall be immediately 
disposed of as garbage or returned to the source e.xcept as 
specified in Rule .2641 of this Section. Foods to be returned to 
the source shall be m;irked as such and stored in a fashion so as 
not to contaminate other food. 

History Note: Authority G.S. 130A-248: 

Eff. May 5. 1980; 

Amended Eff. August 1. 1998; May 1. 1991; July 1, 1984. 

.2609 REFRIGERATION: THAWING: AND 
PREPARATION OF FOOD 

(a) All potentially hazardous foods requiring refrigeration 
shall be kept at or below 45 F (7 C). except when being 
prepared or served. An air temperature thermometer accurate to 
±3 ' F (±1.5 C) shall be provided in all refrigerators. 

(b) Potentially hazardous foods shall be thawed: 

(1) in refrigerated units at a temperature not to exceed 
45 F(7 C); 

( 2 ) under potable running w ater of a temperature of 70 ' 



F (21 C), or below, with sufficient water velocity to 
agitate and float off loose food particles into the 
overflow; 

(3) as a part of the conventional cooking process; or 

(4) in a microwave oven only when the food will be 
immediately transferred to conventional cooking 
equipment as part of a continuous cooking process or 
when the entire, uninterrupted cooking process takes 
place in the microwave oven. 

(c) Employees preparing food shall have used antibacterial 
soap, dips or hand sanitizers immediately pnor to food 
preparation or shall use clean, plastic disposable gloves or 
sanitized utensils during food preparation. This requirement is 
in addition to ;ill liandvv ashing requirements in Section .2600 of 
these Rules. Food shall be prepared with the least possible 
manual contact, with suitable utensils and on preparation 
surfaces that have been cleaned and rinsed prior to use. 
Preparation surfaces which come in contact with potentially 
hazardous foods shall be sanitized as provided in Rule .2618(c) 
of this Section. Raw fruits and raw vegetables shall be 
thoroughly washed with potable water before being cooked or 
served. 

(d) Potentially hazardous foods requiring cooking shall be 
cooked to heat all parts of the food to a temperature of at least 
140 F (60^ C) e.xcept as follows: 

(1) poultrv', poultry stufiRngs, stuffed meats, and stuffings 
contaimng meat shall be cooked to heat all parts of the 
food to at least 165" F (74 C) with no interruption of 
the cooking process, and 

(2) pork and any food containing pork shall be cooked to 
heat all parts of the food to at least 150" F (66 C), 
and 

(3) ground beef and foods containing ground beef shall 
be cooked to an internal temperature of at least 155 
F(68^ C), and 

(4) rare roast beef shall be cooked to an internal 
temperature of at least 130' F (54' C), and 

(5) rare beef steak shall be cooked to a temperature of 
130' F (54' C) unless otherwise ordered by the 
immediate consumer. 

(e) Liquid, or uncooked frozen, dry eggs and egg products 
shall be used only for cooking and baking purposes. This 
Paragraph does not apply to pasteunzed products. 

(f) Potentially hazardous foods that have been cooked and 
then refrigerated shall be reheated rapidly to 165 ' F (74 ' C) or 
higher throughout before being served or before being placed in 
a hot food storage facility except that, food in intact packages 
from regulated food manufacturing plants may initially be 
reheated to 140 F(60' C). 

(g) All potentially hazardous foods, except rare roast beef 
shall be stored at temperatures of 140 F (60 C) or above; or 
45' F (7' C) or below except during necessary penods of 
preparation and serving. Rare roast beef shall be stored at a 
temperature of at least 130 F (54 C) or above; or 45 F (7 ' C) 
or below. 

(h) Time only, rather than the temperature requirements set 
forth in Paragraph (g) of this Rule, may be used in connection 
vvilh potentially hazardous foods that are displayed or held for 



1935 



NORTH CAROLINA REGISTER 



May 1, 1998 



12:21 



APPRO] ED RILES 



senice for immediate consumption if: 

( 1 ) The food is labeled with the time of completion of the 
cooking process or when the food was otherwise 
remo\ed from temperature control; 

(2) The food is served to the public within two hours of 
the time of completion of the cooking process or when 
the food was otherwise removed from required 
temperature control; and 

(3) The establishment maintains written procedures 
appro\ed by the Department for the handling of food 
from the time of completion of the cooking process or 
when the food is otherwise remo\ed from required 
temperature control. 

(i) Potentially hazardous food that is displayed or held for 
ser\'ice for immediate consumption shall not be ser\ ed to the 
public unless it has been maintained at the temperature required 
in Paragraph (g) of this Rule, or: 

(1) it is marked with the time of completion of the 
cooking process or when it was othenvise removed 
from required temperature control, or 

(2) the two hour period referenced in Subparagraph (h)(2) 
of this Rule has not expired. 

(j) All potentialh' hazardous food that is transported must be 
maintained at temperatures as noted in Paragraph (g) of this 
Rule. 

(k) A metal stem-t>pe thermometer accurate to ±2 F (± T C) 
shall be available to check food temperatures. 

History Note: Authority G.S. 130A-248: 

Eff.MayS, 1980: 

Amended Eff. August /^ 1998: October 1. 1993: May 1. 1991: 

Octoher 1. 1990. 

.2610 STORAGE: HANDLING: AND DISPLAY OF 
FOOD 

(a) All unwrapped or unenclosed food and dnnk on display 
shall be protected in such manner that the direct line from the 
customer's mouth to the food shall be intercepted by glass or 
similar shields and shall be otherwise protected from public 
handling or other contamination, except that hand openings ma\' 
be pennitted on counter fronts. A be\ erage station staffed with 
an employee who is semng on a continual basis, is not required 
to pro\ide glass or similar shields for be\erages. ice and 
beverage garnishes The employee shall remove contaminated 
beverages, ice or beverage garnishes from the beverage station. 
This requires standard counter protector installations for all 
cafeteria counters, salad bars, and similar t\pe ser\ ice to pre\ent 
contamination b> customers' coughing and sneezing. Nothing in 
this Rule shall require food kept in enclosed cases to be w rapped 
or covered so long as effective measures are taken to pre\ent 
contamination in multi-le\el shehing units 

(b) Customer self-ser\ice is permitted only under the 
following conditions: 

(1) Buffet-st>le Service. This st>le of service is not 
acceptable unless protective shields, equivalent to 
cafeteria coimter protectors, are pro\ ided to intercept 
contamination 

(2) Customer Self-Service. When customers are allowed 



to return to a self-service area, clean and sanitized 
tableware other than flatware, beverage cups and 
glasses, shall be made available for each return trip. 
Written notice shall be provided informing customers 
that clean tableware needs to be used for return trips 

(3) Family-st>le Semce In establishments featunng this 
style of service, patrons elect to participate in the 
family dining-table t\pe of serv ice. Ordinarv' sen ing 
dishes and utensils are acceptable. 

(4) Pn\ate e\ents. When service is provided for a club, 
organization or pnvate indi\ idual at a planned e\ent 
from which the public is excluded: 

(A) Potentialh' hazardous foods shall be replaced at 
least e\er\' two hours; 

(B) Food containers shall be arranged conveniently 
so customers' clothing does not come in contact 
with food; 

(C) Long-handled serv ing spoons, tongs, or other 
utensils shall be pro\ ided and used; 

(D) At the conclusion of the event, food that has 
not been consumed, shall be discarded; and 

(E) Protective shields are not required for buffet- 
st\ie service. 

(c) Foods, except raw vegetables which are to be cooked, 
shall be kept under co\ er when not in the process of preparation 
and serving. Meat and other potentially hazardous foods shall 
not be stored on the floor, or in direct contact with shelves and 
racks of cold storage boxes, or permitted to come in contact with 
dirt> clothes, newspapers, pasteboard. pre\ioush'-used paper, or 
other contaminated surfaces. If open dishes and pans containing 
food are stacked, food shall be protected with wax paper or foil. 
Food transported to a restaurant shall not be accepted unless 
properly wrapped. co\ered. or othenvise protected. Food and 
drink shall not be served to the general public in the kitchen. In 
the case of "dri\e-in" restaurants, all food shall be covered or 
w rapped before deliver,- to patrons' ^•ehlcles. to e.xclude vermin 
or insects, dust, and other contamination. 

(d) Containers for onions, slaw, mustard, and other 
condiments not kept in accordance with the requirements of 
Paragraph (a) of this Rule shall have covers and be kept covered 
when not in use. Sugar shall be dispensed with either pour-type 
dispensers or indi\idual packages. Waiters and waitresses shall 
avoid unnecessan.' handling of food in the process of sen ing. 

(e) EfFecti\e measures such as fly repellant fans, self-closing 
doors, screens and routine use of approved insecticides shall be 
taken to keep insects, rodents, animals and other public health 
pests out of the establishment and to prevent their breeding or 
presence on the premises. Animals and fowl shall not be 
permitted in a food senice establishment, prov ided that seeing 
eye dogs accompanying blind persons and senice dogs 
accompanying handicapped persons shall be exempted. 

(f) Dustless methods of floor cleaning shall be used and all 
except emergency floor cleaning shall be done during those 
periods when the least amount of food and drink is exposed, 
such as after closing, or between meals. 

(g) The offering of free unwrapped food samples which were 
prepared by. or sened by. the establishment on its premises, 
shall be maintained at a location within sight of and under the 



12:21 



NORTH CAROLINA REGISTER 



May 1, 1998 



1936 



APPROVED RULES 



iniincdiate supcnision of an employee or agent for the purposes 
of obsening customer use 

(h) Foods sliall not be stored under exposed sewer Imes. 

(i) Dp. beans, grits, flour, sugar, and similar food products 
shall be stored in appro\cd. co\ered containers, glass jars, or 
equal and labeled accordingly. 

History \ote: Authority G.S. 130A-24H: 

Eff. May 5. 19S0: 

Amended Eff. Ausust 1- 199H: July 1. 1994: April J. 1994:. July 

1. 1992: May J. 1991. 

.2612 SHELLFISH 

(a) All shellfish and Crustacea meat shall be obtained from 
sources in compliance with the Department's rules on shellfish 
and crustaccii. Copies of 15A NCAC 18A .0.300 through .0900 
may be obtained from the Department. If the source of clams, 
oysters, or mussels is outside the state, the shipper's name shall 
appear on the "Interstate Certified Shellfish Shippers List" as 
published monthly by the Shellfish Sanitation Branch. Food and 
Drug Administration. If the source of cooked cmstacea meat is 
outside the state, it shall be certified by the regulators authority 
of the state or territory of origin, attested by the presence of an 
official permit number on the container. 

(Id) All shucked shellfish and all cooked cmstacea meat shall 
be stored in the original container. Each onginal container shall 
be clearly identified with the name and address of the packer, 
repacker. and the abbrexiated name of the state or terntory. 
Shucked shellfish unit containers shall be dated in accordance 
with 15 A NCAC ISA ,0600. 

(c) All shellstock shall be stored in the containers in which 
packed at the source. Each original container shall be clearly 
identified with a uniform tag or label bearing the name and 
address of the shipper, the certificate number issued by the state 
or territon regulator, authority, the abbre\ lated name of the 
state, the name of the waters from which the shellfish were 
taken, the kind and quantity of the shellstock in the container. 
and the name and address of the consignee. 

(d) Shellstock shall be stored under refrigeration and in a 
manner to present cross-containiniilion to or from the shellstock. 
The re-use of single-semce shipping containers and the storage 
of shucked shellfish m other containers are not allowed, 

(e) After each container of shellstock has been emptied, the 
m;inagement shall remo\e the stub of the tag and retain it for a 
period of at least 90 da\S- 

(f) With the exception of opening shellfish for immediate 
consumption on the premises, no shellfish shucking shall be 
performed unless the establishment holds a ^■alid shellfish 
shucking permit, 

(g) Shellstock waslung facilities shall consist of an appro\ed 
mechanical shellfish washer, or a sink or slab with catch basin, 
indirectly drained into an appro\ed sewage collection, treatment. 
and disposiil system. Tlie washing shall be done in a clean area, 
protected from contamination. A can wash facility shall not be 
used for the washing of shellstock or other foods, 

(h) Tlie cooking of shellfish shall be accomplished in an area 
meefing the requirements of this Section, 
(i) Re-use of shells for the sening of food is prohibited It 



skill not be considered re-use to remo\e a shellfish from its shell 
and return it to that same shell for ser\ice to the public. Shells 
shall be stored in a manner to present flies, insects, rodents, and 
odors. 

History S'ote: Authority G.S. 130A-248: 

Eff. May 5. 1980: 

Amended Eff. Ausust 1. 1998: Max 1. 1991: July 1. 1984. 

.2617 UTENSILS AND EQUIPMENT 

(a) All eating, drinking, and cooking utensils, tables, sinks, 
cabinets, hoods, shelses. equipment, fi.xtures. and other items 
used in connection with the preparation of food shall be kept 
clean and in good repair, 

(b) .All surfaces \sith which food or dnnk comes in contact 
shall consist of smooth, not readily corrodible. non-toxic 
matenals in which there are no open cracks or joints that will 
collect food particles and slime, and be kept clean. 

(c) Shelves, tables, and counters shall not be co\ered with 
paper, cardboard, oil cloth, or other absort)ent material, and shall 
be free of crevices. Dining table linen or similar dining table 
co\erings. if used, shall be kept clean and in good repair. 

(d) Equipment shall meet National Sanitation Foundation 
standards, svhich are adopted by reference in accordance with 
G,S. 150B-14(c), If equipment is not National Sanitation 
Foundation listed, the osvner or operator shall submit 
documentation to the Department that demonstrates that the 
equipment is at least equi\alent to National Sanitation 
Foundation standards. The Department shall determine if the 
equipment is at least equnalent to National Sanitation 
Foundation standards In doing so. if the components of the 
equipment are the same as those meeting National Sanitation 
Foundation standards, then the Department shall deem the 
equipment equnalent. For purposes of these Rules, toasters, 
mixers. m]crowa\ e osens. hot ssater heaters and hoods shall not 
be considered to be Eqiupment and shall not be required to meet 
National Sanitation Foundation standards, 

(e) Be\erage dispensers installed or replaced after the 
effecti\e date of this Rule shall be designed to asoid actuation 
by the lip of a cup or glass when these dispensers are used to 
refill customer cups or glasses. 

History Sote: Authority G.S. 130A-248: 

Eff May 5. 1980: 

Amended Eff Ausust 1. 1998: May 1. 1991. 

.2618 CLEANING OF EQUIPMENT AND UTENSILS 

(a) .All equipment and fi.xtures shall be kept clean. All cloths 
used by chefs and other employees in the kitchen shall be clean, 

(b) Single-use articles such as formed buckets, bread 
ssrappers. aluminum pie plates and No, 10 cans shall be used 
only once except that containers made of plastic, glass or other 
food grade material ha\ing smooth sides and of a constniction 
so as to be easily cleaned may be reused, 

(c) -All multi-use eating and drinking utensils shall be 
thoroughly washed, rinsed, and subjected to a bactericidal 
treatment specified in Rule .2619 of this Section after each 
usage. The supply of eating and drinking utensils shall be of 



1937 



NORTH CAROLINA REGISTER 



May 1, 1998 



12:21 



APPROl ED RULES 



sufficient quantity to allow washing, rinsing, sanitizing and 
air-drying before re-use. All multi-use utensils except pizza 
pans and similar t>pe pans (not used for table service) used m 
the storage, preparation, cookmg. or serving of food or dnnk 
shall be cleaned and rinsed immediately after the days' 
operations, after each use. or upon completion of each meal as 
indicated. Pizza pans and similar t>'pe pans (not used for table 
service) which are continually subjected to high temperatures do 
not require cleaning after each use or day's use but shall be kept 
clean and maintained in good repair. 

(d) In addition to washing and rinsing multi-use utensils as 
indicated in Paragraph (b) of this Rule, preparation surfaces 
which come in contact with potentially hazardous foods and are 
not subjected to heat during routine cooking operations shall be 
sanitized Examples of food contact surfaces which must be 
sanitized are utensils used in preparing cold salads and cold 
beverages, cutting boards, table tops, knives, saws, and slicers. 
For utensils and equipment which are either too large or 
impractical to sanitize in a dishwashing machine or dishwashing 
sink, and for those establishments which do not have 
dishwashing equipment, a spray-on or wipe-on sanitizer may be 
used. When spray-on or wipe-on sanitizers are used, the 
chemical strengths shall be those required for sanitizing 
multi-use eating and drinking utensils. 

(e) Hand dishwashing facilities shall consist of an approved 
three-compartment sink of sufficient size and depth to submerge, 
wash, rinse and sanitize utensils and shall have splash back 
protection and drainboards that are an integral part of and 
continuous with the sink. These drainboards shall be of a 
sufficient size to accommodate the drainage of liquids of the 
washed utensils after being sanitized. Air dning of utensils may 
be accomplished with the use of a drainboard. ov erhead or wall 
moimted shelves, or with the use of stationary or portable racks 
or by cross-stacking. 

(f) Where the Department determines that the volume of 
dishes, glasses and utensils to be washed cannot be processed in 
a single warewashing facility, separate dish, glass or utensil 
washing facilities sh;ill be required. Separate vegetable washing 
facilities shall be provided in establishments which wash raw 
vegetables except where plan review shows that volume and 
preparation frequency do not require separate vegetable washing 
facilities or where vegetables are purchased prewashed and 
packaged. Establishments which sc;ile or eviscerate fish or wash 
raw poultrv shall provide separate sinks with preparation space 
for these processes except where plan review shows that v olume 
and preparation frequency do not require separate washing 
facilides. 

(g) When dishwashing machines are used, the machines shall 
be approved and shall be fitted with drainboards of ample 
capacity on each side, and include a countersunk sink or other 
approved means for pre-cleaning. pre-flusliing. or pre-soaking of 
the utensils in the dirty dish lane. Thermometers indicating the 
wash and nnse water temperatures shall be prov ided and kept in 
good repair. 

(h) When dishwashing machines are used, the machines shall 
be approved on the basis of size, capacity, and tvpe for the 
number of utensils to be washed. Under some conditions, as 
when volume is limited and time permits, glasses mav be washed 



with power-driven brushes and passed through door-type 
machines, which are also used for dishwashing, for final rinse 
and bactericidal treatment. For this method, a motor-driven 
glass-washer and a single-vat sink may suffice. 

(i) Wlien only single-service eating and drinking utensils are 
used, at least an approved two-compartment sink shall be 
provided. This sink shall be of sufficient size to submerge, 
wash, rinse and sanitize utensils and shall have splash back 
protection and drainboards that are an integral part of and 
continuous with the sink. These drainboards shall be of 
sufficient size to accommodate the drainage of liquids of the 
washed utensils after being sanitized. Air drving of utensils may 
be accomplished with the use of a drainboard. overhead or wall 
mounted shelves, or with the use of stationary or portable racks. 

(j) Facilities for the heating of water shall be provided. 
Capacitv of hot water heating facilities shall be based on number 
and size of sinks, capacity of dishwashing machines, and other 
food service and cleaning needs. Hot water storage tanks shall 
provide a minimum of 130' F (54 C) hot water when water is 
not used for sanitizing; when hot water is used for sanitizing, a 
minimum storage temperature of 140' F (60^ C) hot water is 
required. 

(k) No article, polish, or other substance containing any 
cyanide preparation or other poisonous material shall be used for 
the cleaning or polishing of eating or cooking utensils. 

(1) In determining the sufficiency of the size of drainboards, 
machine dishwashers and sinks in an establishment, the 
Emiromnental Health Specialist shall consider the number and 
size of multi-use utensils regularly cleaned. For drainboards 
only, the Specialist shall also consider the available shelf space, 
racks and other areas which may be used for air drying. 

History Note: Authority G.S. 130A-248: 

Eff. May 5. 1980: 

Amended Eff. Aitsust 1, 199H: January I. 1996: July 1. 1993: 

July 1. 1991. 

.2621 DRINKING WATER FOUNTAINS 

If drinking fountains are provided, they shall meet National 
Sanitation Foundation standards, be of approved angle-jet tvpe 
and be kept clean. This Rule shall not be interpreted as 
prohibiting the pitcher service of ice water or the service of 
bottled water. 

History Note: Authority G.S. 130A-248: 

Eff. May 5. 1980: 

Amended Eff. Ausust 1^ 1998. 

.2623 WATER SUPPLY 

(a) The water supply used shall be in accordance with 15A 
NCAC18A.17()0. 

(b) Prior to the issuance of a permit, non-community water 
supplies shall be listed with the Public Water Supply Section, 
Division of Environmental Health. 

(c) In food senice establishments with non-community water 
supplies, water samples for bacteriological analysis shall be 
collected by the Department and submitted to the laboratory 
section of the Department or another laboratorv- certified by the 



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NORTH CAROLINA REGISTER May 1, 1998 



1938 



AFPR(>\ ED RLLES 



Department for analysis, and at least annually thereafter for 
bacteriological analysis, 

(d) Cross-connections with sewage lines; unapproved water 
supplies or other potential sources of contamination are 
prohibited. Hot and cold running water under pressure shall be 
provided to food preparation, utensil and handwashing areas, 
and any other areas in which water is required for cleaning. 
Running water under pressure shall be provided in sufficient 
quantity to ciirr,' out all food preparation, utensil washing, hand 
washing, cleaning, and other water-using operations. 

History Note: Authority G.S. 130A-248: 

Eff.MayS, 1980: 

Ai7iended Eff. AiiRust I. 1998; May /, 1991: July I, 1986: July 

1. 1984. 



pro\ ide a sinootli surface. Ceilings in kitchens and other rooms 
used for tlie preparation of food or the washing of utensils shall 
be washable. Acceptable materials include, but are not limited 
to perforated or non-perforated vinyl faced acoustical tile, 
fiberglass reinforced panels, and painted wall board. 

(c) Tlie walls ;uid ceilings of the dining rooms and other food 
ser\ing rooms shall be of sound construction. 

(d) The walls and ceilings of dry storage rooms shall be of 
sound construction; however, a washable finish is not required. 

(e) The walls and ceilings of the wait stations that prepare 
beverages and bars that only prepare beverages and wash 
utensils with no food preparation other than garnishes for drinks 
shall be of sound construction. pro\ided that the interior walls of 
these wait stations and bars shall be finished to be smooth and 
washable. 



.2627 FLOORS 

(a) The floors of all rooms in which food is stored, prepared, 
handled, or scr\ed. or in which utensils are washed, shall be of 
such construction as to be easily cle;ined, and shall be kept clean 
and in good repair. Food waste on the floor as a result of that 
day's preparation process is not a \iolation of these Rules so 
long as the food waste is removed at regular intervals and prior 
to closing. 

(b) Floors in areas where food is to be prepared or stored may 
be of sealed concrete, terrazzo, quarrs or vinyl tile, wood 
CON ered with composition flooring or equal, except that: 

(1) carpet may be used in wait stations and self-sen ice 
bars. 

(2) there will be no special flooring requirements for 
portable cooking units which ma> be used in a dining 
room for occasional service at individual tables. 

(c) Tlte joints between walls and floors shall be rounded or be 
othenvise constructed to pro\ ide a tight seal between the floor 
and wall. 

(d) In ;ill rooms in which water is discharged to the floor, or 
in which floors arc subjected to flood-type cleaning, floors shall 
slope to drain and be provided with floor drains 

(e) Properly maintained carpeting is acceptable in dining 
areas. 

History Note: A uthorit}- G. S. 1 3 OA -248: 

Eff. May 5, 1980: 

Amended Eff. Ausust 1. 1998: May I. 1991. 

.2628 WALLS AND CEILINGS 

(a) Walls and ceilings of all rooms in which food is stored, 
handled, prepared, or sened or in which utensils are washed or 
stored shall be kept clean and in good repair. Water stains on 
w;ills or ceilings do not constitute a Molation of this Rule unless 
mold or mildew are present. 

(b) The walls of kitchens and other rooms used for the 
preparation of food and the washing of utensils shall be smooth, 
washable and be kept clean. Acceptable wall materials include 
but are not limited to glazed tile; fiberglass reinforced panels, 
stmnless steel, wood or metal; wall board painted w ith washable, 
non-absorbent paint; and brick, cinder blocks, slag blocks, or 
concrete blocks, if glazed, tiled, plastered or filled so as to 



History Note: Authority G.S. 130A-248: 

Eff.. May 5. 1980: 

Amended Eff. August L. 1998: May 1, 1991. 

.2632 STORAGE SPACES 

(a) Storage spaces shall be kept clean. The contents shall be 
neatly arranged to facilitate cleaning. 

(b) All items stored in rooms where food or single-ser\'ice 
items arc stored shall be at le;ist 12 inches (.SO. 48 cm.) above the 
floor when placed on stationary storage units or 6 inches (15.24 
cm. ) abo\ e the floor w hen placed on portable storage units or 
otherwise arranged so as to permit thorough cleaning. For 
purposes of this Rule the term "portable" does not require 
wheels. 

(c) Shehes in storage rooms where food or single-sen ice 
items are stored shall be constructed approximately 1 in. (2.54 
cm.) from the wall, unless stripped or caulked. 

(d) Bulky Items skill be stored on slatted shehes or ino\able 
dollies 

(e) Nothing in this Rule shall prohibit the use of non- 
absorbent wooden shelves which are in good repair in dn 
storage areas. 

History Note: Authority G.S. 130A-248: 

Eff May 5. 1980: 

Amended Eff. August 1. 1998: Januarx- 1. 1996: May 1. 1991. 

.2633 PREMISES: MISCELLANEOUS 

(a) The premises under control of the management shall be 
kept free of items which pro\ide fly or mosquito breeding places 
or rodent harborages 

(b) None of the operations shall be conducted in any room 
used for domestic purposes. A domestic kitchen shall not be 
used in connection with the operation of a restaurant. 

(c) Soiled linens, coats, and aprons shall be kept in containers 
proNidcd for this purpose. Laundered table linen and cleaning 
cloths shall be stored in a clean place until used 

(d) Toxic materials used in a restaurant shall be labeled. 

(e) A special area for storage of toxic materials shall be 
pro\ ided and plainly m;irked. This requirement shall not apply 
to cleaners and s;mitizers used frequently in the operation of the 
rcstaunmt tliat lue stored for availabilitv and comenience if the 



1939 



NORTH CAROLINA REGISTER 



May I, 1998 



12:21 



APPROVED RULES 



materials are stored to prevent the contamination of food, 
equipment, utensils, linens and single-service items. 

History Note: Authority G.S. 130A-248; 

Eff.MavS. 1980: 

Amended Eff. August l, 1998: May 1. 1991. 

.2638 GENERAL REQUIREMENTS FOR 

PUSHCARTS AND MOBILE FOOD UNITS 

(a) A permit shall be issued by the local health department 
which provides sanitation surveillance for the restaurant or 
commissary from which the pushcart or mobile food unit is to 
operate, if the local health department determines that the 
pushcart or mobile food unit complies with these Rules. 

(b) The permit shall be posted on the pushcart or mobile food 
unit. Grade cards shall not be posted. 

(c) The local health department which issues the permit shall 
be proA'ided by individuals receiving a permit a list of counties 
and locations where each pushcart or mobile food unit will 
operate. 

(d) Individuals receiving a permit to operate a pushcart or 
mobile food unit shall provide the local health department m 
each county in which food service operations are proposed a list 
of locations where they will operate. Such lists must be kept 
current. 

(e) Prior to initiating food service operations in a particular 
jurisdiction, the operator of the pushcart or mobile food unit 
shall submit to that particular jurisdiction such carts or units for 
inspection or reinspection to determine compliance v\ith this 
Section. 

(f) Pushcarts or mobile food units shall operate in conjunction 
with a permitted restaurant or commissary and shall report at 
least daily to the restaurant or commissarv' for supplies, cleaning, 
and servicing. Facilities, in compliance with this Section, shall 
be provided at the restaurant or commissary for storage of all 
supplies. The pushcart shall also be stored in an area that 
protects it from dirt, debris, vermin and other contamination. 
Water faucets used to supply water for pushcarts and mobile 
food imits shall be protected to prevent contact with chemicals, 
splash and other sources of contamination. Solid waste storage 
and liqmd waste disposal facilities must also be provided on the 
restaurant or commissarv' premises. 

(g) All foods shall be obtained from approved sources and 
shall be handled in a manner so as to be clean, wholesome, and 
free from adulteration. 

(h) All potentially hazardous foods shall be maintained at 45 ' 
F (7° C) or below or 140° F (60° C) or above, or as required in 
Rule .2609 of this Section. A metal stem-type thermometer 
accurate to ± 2= F. (± 1 ' C.) shall be available to check food 
temperatures. 

(i) Only single-service eating and drinking utensils shall be 
used in serving customers. Single-service items must be 
properly stored and handled. 

(j) All garbage and other solid waste shall be stored and 
disposed of in an approved manner. 

(k) Employees shall be clean as to their person and 
foodhandling practices. Clean outer clothing and hair restraints 
are required 



(1) No person w ho has a communicable or infectious disease 
that can be transmitted by foods, or who is a earner of orgamsms 
that cause such a disease, or who has a boil, infected wound, or 
an acute respiratory infection with cough and nasal discharge, 
shall work with a pushcart or mobile food unit in any capacity' in 
which there is a likelihood of such person contaminating food or 
food-contact surfaces, with disease-causing organisms or 
transmitting the illness to other persons. 

(m) All equipment and utensils shall comply with the rules of 
this Section. 

(n) The pushcart or mobile food unit shall be kept in a clean 
and sanitary condition and be free of flies, roaches, rodents, and 
other vermin. 

History Note: Authority G.S. 130A-248; 

Eff. May 5, 1980: 

Amended Eff. A ugust [^ 1998; January 4, 1994; September 1, 

1991; May 1. 1991. 

.2643 INFORMAL REVIEW PROCESS AND 
APPEALS PROCEDURE 

(a) If a permit holder disagrees with a decision of an 
Environmental Health Specialist on the interpretation, 
application or enforcement of the rules of this Section the permit 
holder may: 

( 1 ) Request an informal review pursuant to Paragraphs 
(d) and (e) of this Rule; or 

(2) Initiate an appeal in accordance with G.S. 150B 

(b) The permit holder is not required to complete the 
alternative dispute resolution prior to initiating an appeal in 
accordance with G.S. 150B. 

(c) When a petition for a contested cases is filed, the informal 
review process shall terminate. 

(d) If the permit holder requests an informal review, the 
request shall be in writing and shall be postmarked or hand- 
delivered to the local health department within seven days of 
notice of the decision giving rise to the review. The request 
shall briefly state the issues in dispute. In the event the 
inspection giving rise to the informal review was conducted by 
the Emironmental Health Supervisor in the countv' or area where 
the restaurant is located, or when the county or area has only one 
Emironmental Health Specialist assigned to inspect restaurants, 
the Regional Environmental Health Specialist assigned to that 
county or area shall conduct the local informal review. As soon 
as possible but at least within 30 days of receipt of the request, 
the person conducting the review shall contact the permit holder, 
provide that permit holder an opportunity to be heard on the 
issues in dispute and issue a written decision addressing the 
issues raised in the appeal. Copies of the decision shall be 
mailed to the permit holder and to the State Health Director. 
That decision shall be binding for the purposes of future 
inspections of the establishment in question unless modified 
pursuant to Paragraph (e) of this Rule or by the State Health 
Director. 

(e) Following receipt of the written decision of the 
Environmental Health Supervisor or his or her representative 
issued pursuant to Paragraph (d) of this Rule, the permit holder 
who initiated the informal review may appeal the resulting 



12:21 



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May 1, 1998 



1940 



APPROVED RULES 



decision to an Informal Review Officer designated by the 
Department to be responsible for final decisions on appeals from 
throughout the state. Notice of such appeal shall be in wnting, 
shall include a copy of the Emironmental Health Supervisor's or 
his or her reprcsentati\e's decision and shall be postmarked or 
hand-delivered to the Local Health Department and to the 
Department within seven days of receipt of the written decision 
issued pursuant to Paragraph (a) of this Rule. Within 35 days of 
receipt of this appeal, the designated Informal Review Officer 
shall hold a conference in Wake County Notice of the time and 
place of this conference shall be provided to the permit holder 
and the En\ironmental Health Supervisor for the county or area 
where the issue arose. Within 10 days following the date of the 
conference, the Informal Re\iew Officer shall issue a written 
decision addressing the issues raised in the appeal and that 
decision shall be binding for purposes of future inspections of 
the establishment in question unless modified pursuant to 
Paragraph (g) of this Rule or by the State Health Director. 

(f) If the decision on appeal at the local or state level results 
in a change in the score resulting from an inspection of an 
establishment, the Emironmental Health Specialist shall post a 
new grade card reflecting that new score. 

(g) Appeals of the decision of the designated Informal 
Review Officer shall be in accordance with G.S. 150B. 

(h) Nothing in this Rule shall impact the right of a permit 
holder to a reinspection pursuant to Rule .2604 of this Section. 

History Xote: A uthohty G. S. I30A -248: 

Eff. May 5, 1980: 

Amended Eff. August L 1998: February 1. 1987. 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 

CHAPTER 64 - BOARD OF EXAMINERS OF 

SPEECH AND LANGUAGE PATHOLOGISTS 

AND AUDIOLOGISTS 

SECTION .1000 - REQUIREMENTS FOR 

THE USE OF SPEECH-LANGUAGE 

PATHOLOGY ASSISTANTS IN DIRECT 

SERVICE DELIVERY IN NORTH CAROLINA 

.1002 GENERAL REQUIREMENTS 

(a) For registration. Assistants must present: 

(1) evidence of successful completion of an Associate's 
Degree in Speech-Language Pathology Assisting from 
an accredited institution of higher learning, 
community college, or equi\ alent program; or 

(2) e\idence of successful completion of a Bachelor's 
Degree from an accredited institution as well as 
e\idence of successful completion of the following 
Speech-Language Assisting curriculum courses 
de\eloped by the N. C. Department of Community 
Colleges: 

Introduction to Speech-Language Pathology 

(SLP 111 or equivalent). 

SLP Office Procedures (SLP 120 or 



equivalent). 

Disorders and Treatment I (SLP 211 or 
equivalent). 

Disorders and Treatment II (SLP 212 or 
equivalent). 

Assistive Technology ( SLP 220 or equivalent). 
SLP Field Work (SLP 230 or equivalent). 
SLP Field Work Seminar (SLP 231 or 
equivalent). 
(3) a passing score on a competency test appro^'ed by the 
Board. 

(b) Authonty to approve the cumculum or the equivalent 
courses for speech-language pathology assistants is vested in the 
Board of Examiners. 

(c) A Licensee, who is employed full-time (30 hours/week or 
more), may register to be pnmary supervisor of no more than 
two Assistants at any one time. A Licensee who is employed 
part-time (less than 30 hours/week) may register to supervise no 
more than one Assistant at any one time. The Primary 
Supervising Licensee shall be responsible for assuring 
compliance with the registration process, these rules, and with 
ethical standards. Secondary^ Supervising Licensees may also be 
registered to supervise the Assistant, allowing for flexibility in 
scheduling. 

(d) The Primary Supervising Licensee must keep the Board 
appraised of any changes in registration information. 

( 1 ) Changes of supen ising licensee(s) will require prior 
wntten appro\al of the Board and should be requested 
in writing at least 10 days prior to the effective date. 

(2) Changes that do not directly relate to patient care, 
such as change of address, must be reported to the 
Board in writing within 10 business days of the 
effective change. 

(e) The Primary Supervising Licensee shall remit to the Board 
an annual registration fee for the Assistant in an amount of forty 
dollars ($40.00). 



History Note: Authority G.S. 90-298. 1: 90-304(a)(3): 
Eff. July 1, 1998. 

.1004 AUTHORIZED TASKS OF SPEECH- 
LANGUAGE PATHOLOGY ASSISTANTS 

(a) Direct Patient Services: 

( 1 ) Obtaining case histories from patients and/or families 
and completing obser\ation checklists. 

(2) Adimmstenng speech-language screening protocols, 
as directed by the supervising speech-language 
pathologist. These screening procedures, including 
tests and checklists or parts of tests and checklists, 
will have the purpose of determining the need for 
furtlier (diagnostic) testing by the supervising speech- 
language pathologist and must meet the following 
criteria: 

(A) Have unambiguous administration protocols 
and methods. t 

(B) Consist of test items which require no more I 
than a binary judgment (i.e., yes-no, present- 
absent). 



1941 



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APPROVED RULES 



(C) Require no more than a specifically-elicited 
single response. 

(D) Require no clinical interpretation by the 
assistant. 

(3) Administenng therapeutic protocols, provided that all 
of the following criteria are met: 

(A) Supervision provided by the supervising 
speech-language pathologist(s) according to the 
supervision standards of the rules. 

(B) Utilizing appropriate stimuli according to a 
specified protocol determined by the 
supervising speech-language pathologist(s). 

(C) Recording specific target behaviors. 

(D) Reinforcing the patient "s responses 
appropriately following a specified protocol 

(E) Providing appropriate cues following a 
specified protocol when the patient does not 
produce a correct response. 

(F) Summarizing observations of the patient's 
performance for the supenising speech- 
language pathologist(s). 

(4) Tabulating/scoring screening results, target behaviors, 
and performance data. 

(5) Managing the behavior of patients using behavioral 
management techniques, as directed by the 
supervising speech-language pathologist, to establish 
and maintain appropriate social interaction and 
motivation/attention to task. 

(6) Preparing or positioning patients for evaluation or 
treatment following specific guidelines of the 
supervising speech-language pathologist and of the 
facilitv'. 

(7) Communicating with patients, families, and 
professionals in order to respond appropriately and 
effectively to patient/family emotional needs and to 
alert the speech-language pathologist of any problems 
which may affect treatment outcomes or service 
quality. 

(8) Documenting wxitten/verbal communication with 
patients, parents, families and educational or medical 
personnel on the above or related management issues, 
as directed by the supervising speech-language 
pathologist. 

(9) Direct patient services for evaluation are not within 
the approved scope of responsibilities for assistants. 

(10) Demonstration projects will be authorized by the 
Board to develop safe and effective swallowing 
protocols for speech-language pathology assistants. 

(b) Indirect Patient Services: 
(1) Organizing and managing patient data and patient 
records, including the following examples: 

(A) Documenting histoncal information in 
sequence (e.g., chronologically). 

(B) Listing missing information. 

(C) Confirming, obtaining, and documenting 
orders/permissions. 

(D) Obtaining patient records from external 
agencies. 



(E) Recording patient information from medical or 
educational records. 

(F) Compiling session-to-session data and 
compiling/comparing outcome data. 

(G) Tallving scores on standardized and criterion- 
referenced tests which require no clinical 
interpretation by the assistant. 

(H) Calculating/determining percentages, 

frequencies, averages, percentiles, standard 
scores, etc. from raw data or reference 
manuals. 
(I) Graphing performance data. 

(J) Providing a clear, legible record of 
patient/client performance. 

(K) Administering and profiling patient satisfaction 
measurements. 

(L) Assigning/verifying communication disorder 
and procedure codes. 

(M) Scheduling/confirming patent appointments. 

(N) Recording treatment and procedure times. 

(2) Transporting or escorting patients to/from the testing 
or therapy area. 

(3) Arranging the clinical or treatment setting to maintain 
a safe and positive environment by providing 
appropriate seating, providing age-appropriate and 
culturally appropriate material or toys, and adjusting 
light and temperature. 

(A) Creating materials and/or games to be used 
during therapy. 

(B) Assisting patients/families to obtain and 
organize materials needed for treatment 
programs. 

(4) Managing. operating, programming, and/or 
monitoring clinical equipment and materials, 
including the following: 

- Assistive listening devices 

- Augmentative communication devices 

- Voice equipment 

- Audio recording equipment 

- Other audiovisual equipment 

- Computer-based equipment and software 

(A) Setting up equipment and materials for feeding 
and swallowing sessions. 

(B) Setting up other clinical equipment or materials 
for tasks. 

(C) Venfv ing safety status of equipment. 

(D) Maintaining equipment records. 

(5) Cleaning equipment, reusable materials, and 
treatment/work areas using appropriate infection 
control procedures. 

(6) Adhering to the principles of universal precautions 
when providing services to patients/clients. 

(c) Requirements For Providing Services Ethically and 
Responsibly: 

(1) Maintaining patient confidentiality and security of 
patient records. 

(2) Respecting the rights and dignity of all individuals. 

(3 ) Reporting any workplace conduct which appears to be 



12:21 



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May 1, 1998 



1942 



.APPROVED RULES 



unethical or illegal to the supemsing speech-language 
pathologist or to the Board of Examiners. 

(4) Requesting assistance from the super\ising speech- 
language pathologist, as needed, in order to ensure 
continuous senice quality'. 

(5) Observing universal precautions and safet> 
procedures 

(6) Releasing patients only to the care of appropnate 
caregivers. 

(d) Participating in Research Activities: 

(1) Categonzing task-related materials. 

(2) Obtaining parentypatient permission forms. 

(3) Conducting computer and literature searches. 

(4) Encoding and analyzing data. 

(5) Establishing reliabilit>'. 

(6) Filing research information. 

(e) Administrative and Clerical Tasks: 

(1) Operating oSice equipment such as word processors, 
copying machines, laminating machines, fax 
machines, telephone and voice mail, e-mail, etc. 

(2) Copying and sending reports, as appropriate. 

(3) Documenting telephone calls and meetings. 

(4) Operating and using scheduling, reporting, test 
sconng software, etc. 

(5) Ordering and maintaining supplies and materials 

(6) Organizing and filing patient handouts and 
educational material. 

(7) VeniSing insunmce co\erage, filing insurance claims. 
and following up on denied claims. 

History Note: Authority G.S. 90-298. 1: 90-304(a)(3); 
Eff.Julv 1. 1998. 

.1005 SUPERVISION AND CONTINUING 
COMPETENCE REQUIREMENTS 

Discussing job expectations with the supervising speech- 
language pathologist(s) and ha\ing mutual understanding of job 
scope and specific responsibilities. 

(1) Participating in a specified amount of supervised 
training according to a written plan for all tests and 
clinical equipment which will be used for assessment 
and treatment. 

(2) Participating in a specified amount of supersised 
training according to a written plan in order to ensure 
correct use of treatment procedures and to 
demonstrate competent application of new treatment 
protocols (for example, whenever the stimulus, the 
target behavior, or the consequence(s) is changed), 

(3) Receiving regular, formal emplo>ment evaluations on 
a scheduled basis from the supervising speech- 
language pathologist(s) to assess one's performance, 
strengths, and weaknesses and to establish 
development goals for continuous performance 
improvement. 

(4) Requesting assistance, additional instruction, and/or 
additional supervision from the supervising speech- 
language pathologist, when needed. 

(5 ) Participating in \anou5 tvpes of educational activities 



in order to enhance skill and knowledge, as assigned 
by the supervising speech-language pathologist. 
(6) Reading information assigned by the supervising 
speech-language pathologist. 

History Xote: Authority G.S. 90-298.1: 90-304(a)(3); 
Eff. July 1, 1998. 



TITLE 23 - DEPARTMENT OF COMMUNITY 
COLLEGES 

CHAPTER 2 - COMMUNITY COLLEGES 

SUBCHAPTER 2D - COMMUNITY COLLEGES: 
FISCAL AFFAIRS 

SECTION .0200 - STANDARD STUDENT FEES 



.0201 AUTHORITY TO ESTABLISH TUITION 
AND FEES 

(a) Authoritv' to Charge. All tuition and registration fees 
charged to students for applying to or attending any college of 
the svstem shall be approved by the State Board. No tuition rate 
or fee schedule shall be charged without resolution of the State 
Board specifying the purpose for which the fee is charged. 

(b) Time Due and Deferred Payment. Tuition, registration 
fees and required academic fees are due and payable at the time 
of the student's registration. The college shall, with approval of 
the board of trustees, prescribe written procedures to permit 
short-term deferred payment or payment in installments; 
provided, however, that no student shall be permitted to graduate 
or to register for a new semester unless pajment of such 
outstanding balance has been guaranteed in writing by a 
financially responsible person or organization. Colleges are 
authonzed to withhold transcripts of grades pending resolufion 
of the outstanding obligations. This statement shall not be 
construed to prohibit a college's local governing board from 
adding more stringent provisions. 

(c) Establishing Additional Fees: 
(1) Generic Fees. Generic fees are fees charged to a 

group of students, such as students in a specific 
program or to all students, eg. lab fees, computer 
usage fees, publications fees, equipment use fees. etc. 
Activitv* and parking fees are discussed in Rule 
.0202(d) of this Section. 

(A) In the event that the president and the 

governing board of a college determine that the 

college needs to charge a generic student fee 

otlier than the fees already authorized bv' state 

statute or State Board rule the president of the 

college shall file with the State Board through 

the System President, a request for 

authorization which shall include the following 

documentafion: i 

(i) a resolution of the local governing board | 

requesting authorization of the fee. 

stating the exact rate of payment 



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proposed; and 
(ii) a bnef explanation and justification 
stating the purpose of the fee. 

(B) A generic fee requires both local and State 
Board approval. 

(C) Any additional fee established by a college 
which is approved by the State Board is 
considered a separate charge to curriculum 
students and shall not be credited as part 
payment of tuition. 

(D) Receipts collected from any special student fee 
shall be deposited as State Board regulation 
shall direct, consistent with state law. 

(E) Nothing in any rule shall be construed to 
condone or to authorize any practice of 
depositing receipts from any student tuition or 
student fees in a special fund account at a 
college, except the student activity' fee receipt. 

(F) Generic fees shall not be used for any purpose 
other than that for which the fee was appro\ed. 
e.g., computer equipment could not be 
purchased for staff members using generic fee 
receipts. 

(2) Specific Fees. Specific fees are those fees charged to 
students for items required for specific courses v\ hich 
are considered to be in addition to the normal supplies 
and materials the college would provide. Examples of 
supplies and materials required which the college 
would not normally be expected to provide would 
include tools, imiforms, insurance, and certification 
fees. 

(A) Specific fees shall be approved by the college 
Board of Trustees. Such fees shall reflect the 
actual cost of items received by the student. 

(B) All fees shall be deposited into a proper college 
account and all disbursements shall be made by 
the college business office. 

(C) In the event that there is any question as to 
whether a fee is generic or specific, the 
guidelines for generic fees, which require both 
local and state board approv al. are applicable. 

(3) Students shall be informed of all appro.ximate fees for 
a course at the time they enroll. Such fees shall be 
kept to a minimum consistent with the State Board 
philosophy to keep student costs as low as possible. 

(d) Family Relocation Tuition. Communitv' Colleges may 
charge in-state tuition to certain out-of-state students who are 
members of families that were transferred to this state by 
businesses, industries, or civilian families transferred by the 
militar,'. for emplovment. Prior to enrollment, the student shall 
fulfill the following conditions: 

( 1 ) Demonstrate that his or her family moved to this state 
within the preceding 12 months; 

(2 ) Present a letter to the instimtion from the employer on 
corporate letterhead stating that the emplovee. through 
which the smdent claims this benefit, relocated to this 
state for employment with that business, industry, or 
militarv establishment; 



(3) Present proof of his or her familial relationship with 
the employee unless the student is the employee; 

(4) Live in the same house with the employee unless the 
student is the employee; 

(5) Present evidence that he or she is financially 
dependent on the employee through which he or she 
claims this benefit unless the student is the employee; 
and 

(6) Comply with the requirements of the Selective Service 
System, if applicable. 

The number of students eligible for in-state tuition under this 
Rule at a college shall not exceed one percent of the average 
number of out-of-state students, rounded up to the next whole 
number, at the college in the academic year immediately 
preceding enrollment. Eligible students shall be granted this 
benefit on a first-come, first-serve basis. 

History Note: Authority G.S. J 15D-5: 115D-39: 116-143. 1: 

S.L 1995. c. 625: 

Eff. February 1, 1976: 

Amended Eff. September 1, 1993: September 1, 1982: August 

17. 1981: January 14. 1980: 

Temporary Amendment Eff. June 1, 1997; 

AmendedEff. July L 1998. 

.0202 TUITION AND FEES FOR CURRICULUM 
PROGRAMS 

(a) Tuition: 

(1) Smdent Residence Classification. The classification 
of students for tuition purposes shall be made 
pursuant to G.S. 116-143.1. 

(2) Tuition Rates In-State: 

(A) A general and uniform tuition rate is 
established by the State Board as set by the 
Legislature for full-time curriculum students 
per semester for North Carolina residents. 

(B) A North Carolina resident who is a part-time 
student shall pay a per credit hour rate for 
curriculum instruction, as established by the 
State Board, for such tuition in any semester as 
set by the Legislature. 

(3) Learning Laboraton-. No tuition fees charged. 

(4) Tuition Creditable Upon Transfer of Student. When 
a smdent has paid the required tuition at a college and 
is given permission to transfer to another college 
within the svstem dunng the academic semester for 
which the mition was paid, the college from which the 
student transfers shall issue to him a statement 
certifying the amounts of tuition that ha\ e been paid, 
and the college to which he is transferring shall accept 
such certificate in lieu of requiring payment again. 
[Also, see 23 NCAC 2D .0323(b)(2) which provides 
information regarding reporting student hours in 
membership.] 

(5) Tuition Student Enrolled in More Than One College. 
Where a student desires to enroll for the same 
semester at two or more colleges of the svstem. the 
total amount of tuition and fees may be paid to the 



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APPROVED RULES 



student's "home" college. "Home" college is defined 
as the college which the student initially registers for 
classes. The home college shall, in that case, assume 
responsibilm for arranging with the other college or 
colleges for enrolling the student in appropnate 
classes without further charge. Such arrangement 
shall be made by exchange of letters between the 
colleges involved. Student membership hours for 
instruction recei\ed shall, in any event, be reported by 
the college in which the respective instruction 
occurred. 

(6) Tuition Rates Out-of-State: 

(A) Any full-time curriculum student who is an 
out-of-state resident shall pay tuition fees as 
established by the State Board for each 
semester as set by the Legislature. 

(B) An out-of-state resident who is a part-time 
student shall pay a per credit hour rate for 
curriculum instruction as established by the 
State Board as set by the Legislature. 

(7) Tuition Exemptions: 

(A) Indi\iduals taking courses in the categories set 
forth in G.S. 1 15D-5(b) shall be exempt from 
tuition. 

(B) College Staff Members. Full-time college staff 
members may enroll in one curriculum or 
extension course per semester, as well as the 
summer academic period, in the s\stem without 
payment of tuition or registration fee. 

(C) Basic Law Enforcement Training Program 
(BLET) for law enforcement officers. All law 
enforcement officers employed by a municipal, 
county, state, or federal law enforcement 
agency when taking courses in a 
state-mandated BLET training program, are 
exempt from tuifion payment. Also, trainees 
may be exempt from BLET class tuition if a 
letter of sponsorship from an appropnate law 
enforcement agency is on file at the college. 

(b) Pre-Enrollment Deposit. When a prospecti\ e student has 
made application for admission and has been accepted, the 
student may be required to pay an advance deposit up to a 
ma.ximum of fifteen dollars ($15.00). This ad\ance payment is 
not refundable unless the class(es) fails to materialize. This 
ad\ance payment shall be deposited to the State Treasurer and 
credited against the full tuition due from the student dunng the 
regular registration period. 

(c) Late Enrollment Fee. A late enrollment fee up to five 
dollars ($5.00) may be charged cumculum students registenng 
after the specific closing date of registration, with such fees 
becoming state funds. 

(d) Student Actnity Fee. Colleges may establish a student 
acti\ity fee which may include a parking fee or a scheduled 
\ehicle registration fee for those students who require parking 
facilifies. The maximum amount that may be charged for the 
student acti\ity fee shall not exceed thidy-eight dollars ($38.00) 
per student per fiscal year. Students may be assessed a parking 
fee. \ehicle registration fee. or similar fee separate from the 



student activity fee; however, when such a fee is added to the 
student activity fee, the sum shall not exceed thirt\-eight 
($38.00) per student per fiscal year. Funds derived from 
collection of a student activity fee shall be accounted for and 
e.xpended under standing procedures and regulations adopted by 
the local go\eming board of the college. Any expenditure from 
the fund must directly benefit students. 
(e) Tuition Refunds. 

(1) A refund shall not be made except under the 
following circumstances: 

(A) A 100 percent refund shall be made if the 
student officially withdraws prior to the first 
day of class(es) of the academic semester as 
noted in the college calendar. Also, a student 
is eligible for a 100 percent refund if the class 
in which the student is officially registered fails 
to "make" due to insufficient enrollment. 

(B) A 75 percent refund shall be made if the 
student officially withdraws from the class(es) 
prior to or on the official 10 percent point of 
the semester. 

(C) For classes beginning at fimes other than the 
first week (se\en calendar days) of the 
semester a 100 percent refund shall be made if 
the student officially withdraw s from the class 
prior to the first class meeting. A 75 percent 
refund shall be made if the student officially 
withdraws from the class prior to or on the 10 
percent point of the class. 

(D) For contact hour classes, apply as Pari (e)( 1 ) of 
this Rule except use 10 calendar days from the 
first day of the class(es) as the determinafion 
date. 

(2) To comply with applicable federal regulations 
regarding refunds, federal regulations will supersede 
the state refund regulations stated in this Rule 

(3) Where a student ha\ing paid the required tuition for 
a semester, dies during that semester (pnor to or on 
the last day of examinations of the college the student 
was attending), all tuition and fees for that semester 
may be refunded to the estate of the deceased. 

(4) For a class(es) which the college collects receipts 
which are not required to be deposited into the State 
Treasiuy account, the college shall adopt appropnate 
local refund policies. 

History S'ote: Filed as a Temporary Amendment Eff. 

Xovember 1, 1993 for a period of 180 days or until the 

permanent ride becomes effective, whichever is sooner: 

Authority G.S. 115D-5: 1150-39: 116-143.1: P.L. 93-508: S.L 

1995. c. 625: 

Eff February 1. 1976: 

Amended Eff. June 1. 1994: September I. 1993: August 1. 1988: 

December 1. 1984: 

Temporary Amendment Eff. June 1, 1997; 

Amended Eff. July L 1998. 

.0203 FEES FOR EXTENSION PROGRAMS 



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APPROVED RULES 



(a) Registration fees for Non-Cumculum Extension 
Instruction. For purposes of administration of this Rule, 
non-curriculum extension instruction means all instruction 
organized, supervised, or delivered outside the regular 
curriculum programs offered by the college. 

(1) A registration fee, as established by the State Board, 
as set by the Legislature shall be charged for each 
occupational extension class. 

(2) Each local board shall establish registration fees for 
Communit>- Service Programs. 

(3) k\\ recreational courses shall be self-supporting. 
Colleges shall collect and deposit to a local account 
fees and other contributions to support entirely the 
costs of all recreational extension courses taught. 
Also note Paragraph (e) of Rule .0325 of this 
Subchapter regarding the reporting of student 
membership hours for this area. 

(4) A registration fee shall be charged for each extension 
class of 2 1 weeks or less. A registration fee shall be 
charged each 16 weeks for extension classes lasting 
longer than 2 1 weeks. 

(5) Registration Fee Exemptions: 

(A) Special Extension Training Programs. No 
registration fees shall be charged students 
enrolling for special extension training 
programs that directly relate to job 
performance set forth in G.S. 1 15D-5(b). 

(B) College Staff Members. Full-time college staff 
members may enroll in one extension or 
curriculum course per semester in the system 
without registration fee or tuition charges. 

(b) Self-Supported Classes. A college may sponsor 
self-supporting classes, [see 23 NCAC 2E .0101], deposit 
income (if any) to a local account, and pay all expenses from 
such local account. Each student is required to pay a pro-rata 
share of the cost of a self-supporting class Since the pro-rata 
share assumed is not considered a registration fee, no indi\ idual 
or group is exempt under G.S. 115D-5(b) from paying a 
proportional share of the identified cost of the class. 

(c) Driver Education. Colleges shall collect a student fee as 
established by the local board of trustees for the adult driver 
education training course offered through the communit>' service 
program. 

(d) Registration Fee Refunds. A refund shall not be made 
except under the following circumstances: 

(1) A student w ho ofiBcially withdraw s from an extension 
class(es) prior to the first class meeting shall be 
eligible for a 100 percent refund. Also, a student is 
eligible for a 100 percent refund if an applicable class 
fails to "make" due to insufficient emollment. 

(2) After the respective class begins, a 75 percent refund 
shall be made upon the request of the student if the 
student officially withdraw s from the class prior to or 
on the 10 percent point of the scheduled hours of the 
class. 

Note: This Rule is applicable regardless of the 
number of times the class meets or the number of 
hours the class is scheduled to meet. 



(3) For contact hour classes, apply Subparagraphs (d)( 1) 
and (d)(2) of this Rule except use 10 calendar days 
from the first da> of the class(es) as the determination 
date. 

(4) For a class(es) which the college collects receipts 
which are not required to be deposited into the State 
Treasury account, the college shall adopt appropriate 
local refund policies. 

(5) If a student having paid the required registration fee 
for a semester, dies during that semester (prior to or 
on the last day of examinations of the college the 
student was attending), all registration fees for that 
semester may be refunded to the estate of the 
deceased. 

History Note: Filed as a Temporary Amendment Eff. 

November I. 1993 for a period of 180 days or until the 

permanent rule becomes effective, whichever is sooner; 

Authority G.S. 115D-5: 115D-39: S.L. 1995. c. 625: 

Eff February 1. 1976: 

Amended Eff. June 1, 1994: September 1. 1993: August 1, 1983: 

August 17. 1981: 

Temporary Amendment Eff. June 1, 1997; 

AmendedEff. July 1^ 1998. 

SUBCHAPTER 2E - EDUCATIONAL PROGRAMS 

SECTION .0200 - CURRICULUM PROGRAMS 

.0204 COURSES AND STANDARDS FOR 
CURRICULUM PROGRAMS 

A common course library and curriculum standards for 
associate degree, diploma, and certificate programs shall be as 
follows: 

( 1 ) Common Course Library. 

(a) The Common Course Library shall contain the 
following elements for all curriculum program 
credit and developmental courses appro\ ed for 
the North Carolina Community College 
System. 

(i) Course prefix; 
(ii) Course number; 
(iii) Course title; 
(iv) Classroom hours and laboratory, 

clinical, and work experience contact 

hours, if applicable; 
(v) Credit hours; 
(vi) Prerequisites and corequisites. if 

applicable; and 
(vii) Course description consisting of three 

sentences. 

(b) A numbering system for the Common Course 
Library is as follows: 

(i) The numbers 050-099 shall be assigned 
to developmental courses. 

(ii) The numbers 100-109 and 200-209 shall 
be assigned to courses approved only at 
the certificate and diploma level. These 



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APPROVED RULES 



courses shall not be included in 
associate degree programs, 
(iii) The numbers 1 10-199 and 210-299 shall 
be used for courses approved at the 
associate degree level. These courses 
may also be included in certificate and 
diploma programs. 

(c) The college shall use the course information 
(prefix, number, title, and classroom, 
laboraton,', clinical, work experience, and 
credit hours: prerequisites and corequisites; 
and course description) as listed in the 
Common Course Library'. 

(i) The college ina> add a fourth sentence 
to the course description to clarify 
content or instructional methodology'. 

(ii) A college may divide courses into 
incremental units for greater flexibility 
in providing instruction to part-time 
students or to provide shorter units of 
study for abbreviated calendars. The 
following criteria shall apply to courses 
divided into incremental units: 

(A) A curriculum program course 
may be divided into two or three 
umts, which are designated with 
an additional suffix follow ing the 
course prefix and number. 

(B) The units shall equal the entire 
course of instruction, without 
omitting any competencies. 

(C) The combined contact and credit 
hours for tlie umts shall equal the 
contact and credit hours for the 
course. 

(D) If the course is a prerequisite to 
another course, the student shall 
complete all component parts 
before enrolling in the next 
course. 

(E) The components of a split 
curriculum program course shall 
not be used to supplant training 
for occupational extension. 

(d) The Department of Community Colleges shall 
rcMse and maintain courses in the Common 
Course Library. 

(2) Development of Curriculum Standards. The 
standards for each curriculum program title shall be 
established jointly by the Department of Community 
Colleges and the institution(s) proposing to offer the 
curriculum program based on cntena established by 
the State Board of Communitv Colleges. Changes in 
curriculum standards shall be approved by the State 
Bo;u-d of Commimit> Colleges. Requests for changes 
in the standards shall be made to the State Board of 
Community Colleges under the following conditions: 
(a) A request is made to the Department of 



Community Colleges to change the standards 
for a curriculum program title: and 
(b) A two-Ourds majont\' of institutions approved 
to offer the curriculum program title concur 
with the request. 
(3) Criteria for Curriculunr Standards. The standards for 
each curriculum program title shall be based on the 
following cntena established by the State Board of 
Communitv' Colleges for the awarding of degrees, 
diplomas, and certificates. 

(a) Associate in Applied Science Degree. The 

Associate in Applied Science Degree shall be 

granted for a planned program of study 

consisting of a minimum of 64 and a maximum 

of 76 semester hours of credit from courses at 

the 1 10-199 and 210-299 levels. Within the 

degree program, the institution shall include 

opportunities for the achievement of 

competence in reading, writing, oral 

communication, fundamental mathematical 

skills, and the basic use of computers. 

(i) The associate in applied science degree 

curriculum program shall include a 

minimum of 15 semester hours of credit 

from general education courses selected 

from the Common Course Libraiy. 

including six hours in communications. 

three hours in humanities or fine arts. 

three hours in social or behavioral 

sciences, and three hours in natural 

sciences or mathematics. 

(ii) The associate in applied science degree 

curriculum program shall include a 

minimum of 49 semester hours of credit 

from major courses selected from the 

Common Course Library. Major 

courses are those which offer specific 

job knowledge or skills. 

(A) The major hours category' shall 
be compnsed of identified core 
courses or subject areas or both 
which are required for each 
cumculum program. Subject 
areas or core courses shall be 
based on curriculum 
competencies and shall teach 
essential skills and knowledge 
necessaiy for employment. The 
number of credit hours required 
for the core shall not be less than 
12 semester hours of credit. 

(B) The major hours categon' may 
also include hours required for a 
concentration of study. A 
concentration of stud>' is a group 
of courses required beyond the 
core for a specific related 
employment field. .^ 



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concentration shall include a 
minimum of 12 semester hours, 
and the majont\ of the course 
credit hours shall be unique to 
the concentration. 

(C) Other major hours shall be 
selected from prefixes identified 
on the curriculum standard. A 
maximum of nine semester hours 
of credit may be selected from 
any prefix listed, with the 
exception of prefixes listed in the 
core or concentration. 

(D) Work experience, including 
cooperative education, 
practicums. and internships, may 
be included in an associate in 
applied science degree 
curriculum program up to a 
maximum of eight semester 
hours of credit. Under a 
curriculum standard specifically 
designed for select associate 
degree programs. work 
e.xperience shall be included in a 
curriculum up to a maximum of 
16 semester hours of credit. The 
select associate degree programs 
shall be based on a program of 
studies registered under the 
North Carolina Department of 
Labor Apprenticeship programs 
Only eight semester hours of 
credit of work experience shall 
earn budget FTE. The 
Department of Community 
Colleges shall implement the 
Pilot Work Experience Project 
and shall submit to the State 
Board of Community Colleges a 
report, including the number of 
students involved and associated 
costs, one year after this Rule as 
revised is effective. 

(iii) An associate in applied science degree 
curriculum program may include a 
maximum of seven other required hours 
to complete college graduation 
requirements. These courses shall be 
selected from the Common Course 
Librar\'. 

(iv) Selected topics or seminar courses may 
be included in an associate in applied 
science degree program up to a 
maximum of three semester hours of 
credit. Selected topics or seminar 
courses shall not substitute for required 
general education or major core courses. 



(b) Associate in Arts and Associate in Science 

Degrees. Tlie Associate in Arts and Associate 

in Science Degrees shall be granted for 

planned programs of study consisting of a 

minimum of 64 and a maximum of 65 semester 

hours of credit from approved college transfer 

courses at the 110-199 and 210-299 levels 

Within the degree program, the institution shall 

include opportunities for the achievement of 

competence in reading, writing, oral 

communication, fundamental mathematical 

skills, and the basic use of computers. 

(i) The associate in arts and associate in 

science degree programs shall include a 

minimum of 44 semester hours of 

general education core courses selected 

from the Common Course Library and 

appro\ed for transfer to the Universit>' 

of North Carolina constituent 

instimtions. The general education core 

shall include: 

(A) six semester hours of English 
composition. 

(B) 1 2 semester hours of humanities 
or fine arts, with four courses to 
be selected from at least three of 
the following disciplines: music, 
art. drama, dance, foreign 
languages. interdisciplinary 
humanities. literature, 
philosophy, and religion. At 
least one course shall be a 
literature course. Three semester 
hours credit in speech or 
communication may be 
substituted for three semester 
hours credit in humanities or fine 
arts. 

(C) 12 semester hours of social or 
beha\ioral sciences, with four 
courses to be selected from at 
least three of the following 
disciplines: anthropology, 
economics, geography, history, 
political science, ps>'chology, and 
sociolog>'. At least one course 
shall be a history course. 

(D) 14 semester hours of natural 
sciences or mathematics; six 
hours shall be mathematics 
courses; eight hours shall be 
natural sciences courses, 
including accompanying 
laboraton' work, selected from 
among the biological and 
physical science disciplines. 

(ii) The associate in arts and associate in 
science degree programs shall include a 



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APPROVED RULES 



minimum of 20 and a maximum of 2 1 
additional semester hours of credit 
selected from courses in the Common 
Course Libran* which ha\e been 
appro\ed for transfer to the Unnersit}' 
of North Carolina constituent 
institutions. Courses m health, physical 
education, college orientation, or study 
skills may be included. Selected topics 
or seminar courses up to a ma.ximum of 
three semester hours credit may be 
included. Work experience, including 
cooperatne education, practicums. and 
internships, may be included up to a 
ma-ximum of one semester hour of credit 
for career e.xploration 

(A) The associate in arts degree 
curriculum program shall include 
a minimum of 20 semester hours 
of credit from general education 
and pre-major courses which 
ha\"e been appro\ ed for transfer. 

(B) The associate in science degree 
curriculum program shall include 
a minimum of 14 semester hours 
in mathematics or science and 
professional courses which ha\e 
been appro\ed for transfer. 

(c) .A.ssociate in Fine Arts Degree, The Associate 

in Fine .A.rts Degree shall be granted for 

planned programs of study consisting of a 

mmimum of 64 and a ma.ximum of 65 semester 

hours of credit from approved college transfer 

courses at the 110-199 and 210-299 levels. 

Within the degree program, the instimtion shall 

include opportunities for the achie\ement of 

competence in reading, wnting. oral 

communication, fundamental mathematical 

skills, and the basic use of computers. 

(1) The associate in fine arts degree 

programs shall include a minimum of 28 

semester hours of general education 

core courses selected from the Common 

Course Librar. and appro\ed for 

transfer to the Universit>' of North 

Carolina constituent institutions. The 

general education core shall include: 

(A) six semester hours of English 
composition. 

(B ) six semester hours of humanities 
or fine arts, with two courses to 
be selected from two of the 
following disciplines: music, art. 
drama. Amce. foreign languages, 
interdisciplinan humanities, 
literature. philosophy. and 
religion, .A.t least one course 
shall be a literature course. 



(d) 



Three semester hours credit in 
speech or communication ma\' be 
substituted for three semester 
hours credit in humanities or fine 
arts. 

(C) nine semester hours of social or 
beha\ioral sciences, with three 
coiu'ses to be selected from three 
of the following disciplines: 
anthropolog>'. economics, 
geography, histor.'. political 
science. ps>"cholog>". and 
sociolog>'. At least one course 
shall be a histon,' course. 

(D) three semester hours of 
introductor.' mathematics. 

(E) four semester hours from the 
natural sciences, including 
accompanying laborator.- work. 

(ii) The associate in fine arts degree 

programs shall include a minimum of 36 

and a ma.ximum of 37 additional 

semester hours of credit from courses in 

the Common Course Libran which ha\'e 

been approved for transfer to the 

Umversm of Nortit Carolina constituent 

institutions. Courses in health, physical 

education, college orientation, or study 

skills may be included. Selected topics 

or seminar courses up to a maximum of 

three semester hours credit may be 

included. Work e.xpenence. including 

cooperatne education, pracficums. and 

internships, may be included up to a 

maximum of one semester hour of credit 

for career exploration. 

.Associate in General Education. The 

.Associate in General Education shall be 

granted for a planned program of study 

consisting of a minimum of 64 and a maximum 

of 65 semester hours of credit from courses at 

the 110-199 and 210-299 levels. Within the 

degree program, the inslituUon shall include 

opportunities for the achie\ement of 

competence in reading, wnting. oral 

communication, fundamental mathematical 

skills, and the basic use of computers. 

(i) The associate in general education 

degree cumculum program shall include 

a minimum of 15 semester hours of 

credit from general education courses 

selected from the Common Course 

Librar.-. including six hours m 

communications, three hours m 

humanities or fine arts, three hours m 

social or behavioral sciences, and three 

hours in natural sciences or 

mathematics. 



19-19 



NORTH C.AROLISA REGISTER 



May 1, 1998 



12:21 



APPROVED RULES 



(ii) The remaining hours in the associate in 

general education degree curriculum 

program shall consist of additional 

general education courses selected from 

the Common Course Library. A 

maximum of seven semester hours of 

credit in health, physical education, and 

college orientation or study skills 

courses may be included. Selected 

topics or seminar courses may be 

included in a program of study up to a 

maximum of three semester hours credit. 

(e) Diploma. The Diploma shall be granted for a 

planned program of study consisting of a 

minimum of 36 and a maximum of 48 semester 

hours of credit from courses at the 100-299 

level. 

(i) Diploma cumcula shall include a 
minimum of six semester hours of 
general education courses selected from 
the Common Course Library. A 
minimum of three semester hours of 
credit shall be in communications, and a 
minimum of three semester hours of 
credit shall be selected from courses in 
humanities and fine arts, social and 
behavioral sciences, or natural sciences 
and mathematics, 
(ii) Diploma cumcula shall include a 
minimum of 30 semester hours of major 
courses selected from the Common 
Course Library . 

(A) A diploma cumculum program 
which is a stand-alone 
curriculum program title shall 
include identified core courses or 
subject areas or both within the 
major hours catcgon.'. 

(B) Courses for other major hours in 
a stand-alone diploma curriculum 
program title shall be selected 
from prefi.xes identified on the 
curnculum standard. A 
maximum of nine semester hours 
of credit may be selected from 
any prefix listed, with the 
exception of prefixes listed in the 
core or concentration. 

(C) Work experience, including 
cooperative education, 
practicimis, and internships, may 
be included in a diploma 
curriculum program up to a 
maximum of eight semester 
hours of credit. 

(iii) A diploma curriculum program may 
include a maximum of four other 
required hours to complete college 



(f) 



graduation requirements. These courses 
shall be selected from the Common 
Course Libran. 
(iv) An institution may award a diploma 
under an approved associate in applied 
science degree curriculum program for 
a series of courses t;iken from the 
approved associate degree curriculum 
program of study 

(A) A diploma curriculum program 
offered under an approved 
associate degree curriculum 
program shall meet the standard 
general education and major 
course requirements for the 
diploma credential. 

(B) A college may substitute general 
education courses at the 100-109 
level for the associate-degree 
level general education courses 
in a diploma cumculum program 
offered under an appro\'ed 
degree program. 

(C) The diploma cumculum program 
offered under an approved 
associate degree curriculum 
program shall require a minimum 
of 1 2 semester hours of credit 
from courses extracted from the 
required core courses and/or 
subject areas of the respective 
associate in applied science 
degree cumculum program. 

(v) Selected topics or seminar courses may 

be included in a diploma program up to 

a maximum of three semester hours of 

credit. Selected topics and seminar 

courses shall not substitute for required 

general education or major core courses. 

Certificate Programs. The Certificate shall be 

granted for a planned program of study 

consisting of a minimum of 12 and a maximum 

of 18 semester hours of credit from courses at 

the 100-299 level. 

(i) General education is optional in 

certificate curricula, 
(ii) Certificate curricula shall include a 
minimum of 12 semester hours of major 
courses selected from the Common 
Course Library. 

(A) A certificate curriculum program 
which is a stand-alone 
cumculum program title or 
which is the highest credential 
level awarded under an appro\ ed 
associate in applied science 
degree or diploma program shall 
include 12 semester hours of 



12:21 



NORTH CAROLINA REGISTER 



May I, 1998 



1950 



APPROl'ED RLLES 



credit from core courses or 
subject areas or both within the 
major hours categors'. 

(B) Courses for other major hours m 
a stand-alone certificate 
cumculum program shall be 
selected from prefixes identified 
on the curnculum standard. A 
maxmium of nine semester hours 
of credit ma\ be selected from 
any prefix listed, with the 
exception of prefixes listed in the 
core or concentration. 

(C) Work experience, includmg 
cooperative education, 
practicums. and internships, may 
be included in a certificate 
program up to a maximum of two 
semester hours of credit. 

(iii) .A. certificate curriculum program may 

include a maximum of one other 

required hour of credit to complete 

college graduation requireinents. This 

course shall be selected from the 

Common Course Libran-. 

(i\) .A.n institution may award a certificate 

under an appro\ed degree or diploma 

cumculum program for a series of 

courses totaling a minimum of 12 

semester hours of credit and a maximum 

of 18 semester hours of credit taken 

from the appro\ed associate degree or 

diploma curriculum program of study. 

(v) Selected topics or seminar courses may 

be included m a certificate program up 

to a ma.ximuin of three semester hours 

credit. 

(4) Cumculum Standards Compliance. Each institution 

shall select curriculum program courses from the 

Common Course Libran,- to comph with the standards 

for each curriculum program title the mstitution is 

approved to offer. The selected courses shall 

comprise the college's program of study for that 

curriculum program. 

(a) Each institution shall maintain on file w ith the 
Dep;mment of Communm Colleges a copy of 
the official program of study appro\'ed by the 
institution's board of trustees, 
("b) When requesting appro\al to offer a 
curriculum program title, an instittition shall 
submit a program of stud\ for that curnculum 
program title 
(c) A copy of each re\ised program of stud\ shall 
be filed with and appro^■ed by the Department 
of Communit> Colleges prior to 
implementation at the institution. 



Temporary- Adoption Ejf. June 1. 1997: 
Eff. July 1. 1998. 

.0205 PROGR.A.M REVIEW 

(a) Each college shall monitor the qualm' and viabilit>' of all 
Its programs and senices. Each curnculum program and 
occupational extension program shall be reviewed annually. 
Colleges shall pro\ide information to the Department of 
Communm Colleges on program enrollment; cost; student 
progress, achievement and outcomes; and employer satisfaction. 

(b) .Associate in .Applied Science, diploma and certificate 
programs shall meet the following standards for pertbrmance: 

( 1 ) the standard required by an outside licensure or 
accrediting agency for passing rates on licensure or 
certification examinations, where applicable; and 

(2) a safisfactors level on at least five of the following 
eight required elements: 

(A) a three year annual average enrollment of at 
least 10 students, unduplicated headcount; 

(B) student goal accomplishment for program 
completion; 

( C ) student goal accomplishment for other student 
goals; 

(D) program completer satisfaction with program; 
( E I early leaver satisfaction with program; 

(F) program completer employment rate; 

(G) early lea\er emplo\ment rate; 
(H) employer safisfaction. 

The performance level on Parts (h)(2)(B) through (h)(2l(H) of 
this Rule shall be no more than 15 percent below the s>stem 
a\ erage and shall be determined by an annual survey conducted 
b\ each college based on a standard set of questions de\'eloped 
by the Department of Communm' Colleges. 

(c) The Associate in Arts. Associate in Science, and 
.Associate m Fine .Arts degree programs' performance level shall 
be no more than 15 percent below the system a\erage grade 
point average earned after two semesters in a four-year 
institution for students who completed 60 or more semester 
credit hours at the communit>' college. 

(d) Programs which do not meet these standards shall be 
subject to further re\ lew to document temporan or permanent 
conditions which shall be taken into account to justify' offering 
the program. If further rcMCw fails to pro\'ide a justification for 
the program or to lead to iinpro\ ement so tliat the program meets 
the standards, the program shall be terminated. 

Sole: Substance of former 23 SCAC 2C . 0604 was incorporated 
into this Rule. 

History \ote: Authority G.S. 115D-5; 1993 S.E c. 321. s. 

109: S.E 1995. c. 625: 

Eff. Februaiy 1. 1990: 

Amended Eff August 1. 1995: September 1. 1993: 

Temporan.- Amendment Eff June 1. 1997; 

AmendedEffJuh- 1. 199S. 



Histon- Xote: Aurhorit\- G.S. I15D-5: S.E 1995. c. 62 



1951 



NORTH CAROLINA REGISTER 



Max /, 1998 



12:21 



RULES REVIEW COMMISSION 



1 his Section contains the agenda for the next meeting of the Rules Review Commission on Thursday, May 21, 1998, 1 0: 00 
I a.m., at 1307 GlenwoodAve.. As.sembly Room, Raleigh, NC. Anyone wishing to submit written comment on any rule before 
the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners by Monday, 
May 18, 1998, at 5:00 p.m. Specific instructions and addresses may be obtained from the Rules Review Commission at 919- 
733-2721. Anyone wishing to address the Commission should notify the RRC staff and the agency at least 24 hours prior to 
I the meeting. 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Teresa L. Smallvvood. Vice Chairman 

Jim Funderburke 

Vemice B. Houard 

Philip O. Redwine 

David Twiddy 



Appointed by House 

Paul Powell, Chairman 

Anita White, 2"" Vice Chairman 

Mark Garside 

Steve Rader 

George Robinson 



RULES REVIEW COMMISSION MEETING DATES 



May 21, 1998 
June 18, 1998 
July 23, 1998 



August 20, 1998 
September 17. 1998 
October 15, 1998 



MEETING DATE: MAY 21, 1998 

LOG OF FILINGS 

RULES SUBMITTED: MARCH 20, 1998 THROUGH APRIL 20, 1998 



AGENCY/DIVISION 



RULE NAIVtE 



DHHS/SOCLVL SERVICES COMMISSION 

Coupon Issuance 
Waiver of Licensing Rules 
Criminal Histories 
Criminal Histon Checks 
Payment Authorization 
Initial Interview 
AA-SA Group II 
AD-SA Group II 
CD-SA Certain Disabled 
Residence 



RULE CITATION 


ACTION 


10 NCAC 30 .0207 


Amend 


10NCAC41A.0007 


Amend 


10NCAC41F 0707 


Amend 


10 NCAC 41F. 0813 


Amend 


10 NCAC 47A .0502 


Amend 


10NCAC47B .0102 


Amend 


10 NCAC 47B .0303 


Amend 


10 NCAC 47B .0304 


Amend 


10NCAC47B .0305 


Amend 


10 NCAC 47B .0403 


Amend 



DENRAVILDLIFE RESOURCES COMMISSION 

Beaufort County 



15ANCAC 10F.0303 



Repeal 



RULES REVIEW COMMISSION 

April 15, 1998 
MINUTES 

The Rules Review Commission met on April 15, 1998, in the Assembly Room of the Methodist Building, 1307 Glenwood Avenue, 
Raleigh, North Carolina. Commissioners in attendance were Chairman Paul Powell, Mark P. Garside, Philip O. Redwine, Jim R. 
Funderburk, Steven P. Rader, David R. Twiddv. and Anita A. White. 



12:21 



NORTH CAROLINA REGISTER 



Mav 1, 1998 



1952 



RILES REIIEW COM.MISSfOS 



Staff members present were: Joseph J. DeLuca. Staff Director; Bobb\ Bn,an. Rules Re\ie\v Specialist: Glenda Gruber. 
Admimstratu e Assistant: and Sandv Webster. 



The following people attended: 



DaMd Brook 
Juanita Gaskill 
Ben F. Massey 
Bill Hale 
Dedra Alston 
Robin Stancil 
Tun Simmons 
Denise Haskell 
Ellie Sprenkel 
Mark Payne 
Liz Cullington 
Harn Wilson 
DaMd Massey 
Marc Lodge 
Sheila Pope 
Da\id S. Tuttle 
Bob Bode 
Jerrs^ Carter 
Noel .Allen 
Vega George 
Tom West 
Allen Wahab 
Dick Carlton 
Enc Mussler 
Sid Harrell 
Alison Da\'is 
Dee Williams 
Ann Chnslian 
Jim Lynn 
Jim Hall 
Janice Fain 
Nancy Gu>" 
^L Farmer 
Sabra Faires 
Mar.- Shuping 
Portia Rochelle 
Anna Tefft 
Mark Sisak 
Nat Murd 
Louis Zeller 



Cultural Resources 

DENTl/Marine Fisheries 

NC Board of Physical Therapy Examiners 

Insurance 

DENTl 

Cultural Resources 

Cultural Resources 

NC Board of Pharmacy 

Insurance 

Insurance 

Citizen 

State Board of Education 

Secretaiy of State 

DHHS 

Secretan- of State 

NC Board of Engineers and Land Surveyors 

Bode. Call and Stroupe 

NC Board of Engineers and Land Sur\'e>ors 

NC Board of .Architects 

DENR 

Poyner & Spruill 

DENRDWQ 

.Attorney 

Pnce Waterhouse 

DENRDEH 

DENR/Coastal .Management 

Cosmetic Art E.xaminers 

.-Attorney 

Agnculture Strucmral Pest Control 

DENRNC Child Care Commission 

DHHS/Child De\-elopment 

DHHS Child De\elopment 

DHHS, Child Development 

Re\'enue 

General Assembly 

DHHSD.MA 

OSBM 

OSBM 

Conservation Council of NC 

Blue Ridae Emironmental Defense League 



APPRON AL OF .MLNLTES 

The meeting was called to order at 10:05 a.m. with Chairman Powell presiding. He asked for any discussion, comments, or 
corrections concerning the minutes of the March 19, 1998 meeting. There being none, the minutes were appro\ed. 

FOLLOW-l P >L\TTERS 

' NC.AC 4R .0909. .0910. .0911. .0912. .0913. .0914. and .0915 - CLLTL'R.AL RESOLUCES/NC Histoncal Commission: The 
Commission appro\ed the rew ntten rules submitted by the agency. 

10 NC.AC 3U .0302. .0704. .0806. .1702. .and .1720 -DHHS/Child Care Commission: Tlie Comnussion approved the rewntten rules 
submitted bv the aaencv. 



1953 



XORTH CAROLINA REGISTER 



May 1, 1998 



12:21 



RULES REVIEW COMMISSION 



10 NCAC 3U .0710 - DHHS/Child Care Commission: The Commission approved this rule. Commissioners Redwine and Rader 
voted not to approve the rule. 

12 NCAC 7D .0204 and . 1 106 - JUSTICE/NC Private Protective Services Board: These rules are to be considered at the next meeting 
of the Board. No action was necessary. 

16 NCAC 6C .0602 - STATE BOARD OF EDUCATION: The Commission approved the rewritten rule submitted by the agency. 

16 NCAC 7 .0202 - Education/NC Standards Board for Public School Administration: The Commission approved the rewritten rule 
submitted by the agency. 

17 NCAC 5C .0102 and .0703 - DEPARTMENT OF REVENUE: Office of State Budget and Management determined that these 
rules have a substantial economic impact. They received an opinion from the Attorney General's office that stated that tax 
consequences of a rule were to be considered in determining whether the costs included the tax consequences. These rules were 
withdrawn by the agency. The Commission \oted to return them. 

17 NCAC 5E .0103 - DEPARTMENT OF REVENUE: The Office of State Budget and Management determined that there was no 
substantial economic impact and this rule was approved by the Commission. 

18 NCAC 6 .1104, .1206, .1212, .1401, .1509. .1702, .1703, .1705, .1706, .1805, and. 1811 - SECRETARY OF STATE: The 
Commission approved the rewritten rules submitted by the agency. 

21 NCAC 2 .0904 and .0906 - NC Board of Architecture: The Commission approved the rewritten rules submitted by the agency. 

21 NCAC 12 .0204 - NC Licensing Board for General Contractors: The Commission approved the rewritten rules submitted by the 
agency. 

21 NCAC 14H .0005 - NC State Board of Cosmetic Art Examiners: The Commission approved the rewritten rule submitted by the 
agency. 

21 NCAC 14J .0501 - NC State Board of Cosmetic Art Examiners: The Commission approved the rewritten rule submitted by the 
agency. 

21 NCAC 14K .0003 - NC State Board of Cosmetic Art Examiners: The Commission approved the rewritten rule submitted by the 
agenc>'. 

21 NCAC 14N .0102, .0107, and .0113 - NC State Board of Cosmetic Art Examiners: The Commission approved the rewritten rules 
submitted by the agency. 

21 NCAC 18B .0209, .0404, and .0802 - NC State Board of Examiners of Electrical Contractors: The Commission approved the 
rewritten rules submitted by the agency. 

2 1 NCAC 46 . 1 804 - NC Board of Pharmac\': The Office of State Budget and Management determined that there was a substantial 
fiscal impact from this rule. The rule was returned to the agency. 

21 NCAC 48A .0103 and .0105 - NC Board of Physical Therapy E.xaminers: The Commission approved the rewritten rules submitted 
by the agency. 

21 NCAC 48C .0401 - NC Board of Physical Therapy Examiners: The Commission approved the rewritten rule submitted by the 
agency. 

21 NCAC 48D .0102, .0105. and .01 12 - NC Board of Physical Therapy Examiners: The Commission approved the rewritten rules 
submitted by the agency. 

21 NCAC 48F .0102 - NC Board of Physical Therapy Examiners: The Commission approved the rewntten rule submitted by the 
agency. 

21 NCAC 48G .0203 and .0404 - NC Board of Physical Therapy Examiners: The Commission approved the rewritten rules submitted 
12:21 NORTH CAROLINA REGISTER May 1, 1998 1954 



R ULES RE l^E W COMMISSION 



b>' the agenc> contingent upon recehing technical changes for .04t)4 toda> The rule was subsequently received. 

2 1 NCAC 48G .0601 - NC Board of Physical Therap>- Examiners: The Commission approved the rule submitted by the agency 
contingent upon receiving a technical change m the rule toda\ The rule was subsequently received. 

21 NCAC 50.1210. and 1212 - State Board of Examiners of Plumbmg. Heatmg and Fire Sprinkler Contractors: The Commission 
received no appropriate response from the agency on these rules. 

LOG OF FILINGS 

Chairman Powell presided o\er the review of the log and all rules were approved with the following exceptions: 

2 NCAC 34 .0404 - AGRICULTURE/NC State Pest Control Committee: The Commission objected to this rule due to ambiguitv. 
It is unclear who or what constitutes an "individual affected" in (1). 

15A NCAC 2Q .0708 - DENR/Environmental Management Commission: The Commission objected to the rule due to lack of 
stamtorv' authontv'. Subparagraph (d)(4) is a waiv er provision witliout specific guidelines. Thev' approved the rew ntten rule deleting 
the waiver contingent upon receiv ing it today. The rule was subsequently received. 

Commissioner White recused herself from the Department of Insurance rules. 

15A NCAC lOG 0404 - DENRAVildlife Resources Commission: The Commission voted to extend the period of review on this rule 
in order to gi\ e the Wildlife Resource Commission an opportunitv to get legislative authontv for the rule. 

21 NCAC 56 .0103 -NC Board of Registration for Professional Engineers and Land Surveyors: There was a motion to object to this 
rule due to lack of necessitv . Commissioners Funderburk. Garside, and White voted not to object. A motion to approve the rule 
passed with Commissioner Rader voting not to approv e. 

21 NCAC 68 .0305 - NC Substance Abuse Professional certification Board: The Commission objected to this rule due to lack of 
statutorv' authoritv". There is no authoritv for the provision in (6) about the applicant being a North Carolina resident. 

DIRECTOR'S REPORT 

The bviaws will be discussed at next month's meeting from 10:00 to 10:30 a.m. Tlie Rules Review Commission meeting will not begin 
until 10:30 a.m. 

COMMISSION PROCEDURES AND OTHER MATTERS 

Ms. Gruber told tlie Comnussioners that breakfast could not be claimed as a meal unless the Commissioner left home before 6:30 a.m. 
and tltat dinner could not be claimed unless the Commissioner returned home after 8:00 p.m. The July meeting was changed from 
July 16 to July 23 because of the NASS conference. 

The ne.xt meeting will be on May 21. 1998. 

The meeting adjourned at 12:50 p.m. 

Respectfiilly submitted, 

Sandv Webster 



1955 NORTH CAROLINA REGISTER May 1, 199H 12:21 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of the 
decisions listed in the index and not published are ax'ailable upon request for a minimal charge by contacting the Office of 
Administrative Hearings, (919) 733-2698. 



OFFICE OF ADMINISTRATIVE HEARINGS 

Chief Administrative Law Judge 

JULIAN MANN. Ill 

Senior Administrative Law Judge 
FRED G. MORRISON JR. 

ADMINISTRA TIVE LA W JUDGES 



Brenda B. Becton 
Sammie Chess Jr. 
Beecher R. Gray 



Meg Scott Phipps 
Robert Roose\'elt Reilly Jr. 
Dolores O. Smith 



AGENCY 

ADMINISTRATION 

E. Edward Gambill \ Department of Administration 

Triangle CAD Solutions, Inc. \\ Div. Purchase and Contract, EHNR 

Henr>' Br\on Brewer v, NC Commission of Indian .Affairs 

OFFICE OF .ADMINISTRATIVE HEARINGS 

Sir GregorT, Leo Kelly. Ruby Louise KelJy v. Sheila Director Ocean House 
and Mental Health Southeastern Regional Wilmington, N'C 

Sir Gregor\ Leo Kelly. Ruby Louise Kelly v. Client Complaint Secretar>' 
(Art ConstanUni) Mental }Iealth Director 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Michael's Mini Mart v. .Alcoholic Beverage Control Commission 
Everette Craig Hombuckle v. .Alcoholic Beverage Control Commission 
Saleh Ahmed .Ali Futhah v. .Alcoholic Beverage Control Commission 
Carolyn T. Ray v. .Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission \'- Fast Fare. Inc. 
Alcoholic Beverage Control Commission \. Mendoza Enterprises. Inc. 
Paul Tyler I\' Enterpnses. Inc., .Alpha Vinson T A Mirrors (Sid's 

Showgirls) v, .Alcoholic Beverage Control Commission 
and 

City of Goldsboro 
and 

Guman Khera 
George Robert Scott v. .Alcoholic Beverage Control Commission 
Nasar Sader v. .Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Paradise Landing. Inc. 
OFFISS, Inc. v. .Alcoholic Beverage Control Commission 
Alcoholic Be\'erage Control Commission v. Fast Fare, Inc. No. 576 
Alcoholic Beverage Control Commission v. .Altaf Hussain 
Alcoholic Beverage Control Commission \. Robert Johnson 
Alcoholic Beverage Control Commission w Crown Central Petroleum Corp. 
Alcoholic Beverage Control Commission v. Masonboro County Store. Inc. 
Daniel Gary Ledbetter v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Ra\'mond Lee 
Alcoholic Beverage Control Comm. v. Percy Daniel Bowen 
Alcoholic Beverage Control Commission v. Bridgette Dee Williams 
Alcoholic Beverage Control Commission v. Westside Tavern. Inc. 
Alcoholic Beverage Control Commission \'. Gro\e Park Irm Resort Inc. 
Bradford .Allan Capps & Gariand Lewis Williams v. .Ale. Bev. Ctl. Comm. 
Alcoholic Beverage Control Commission v. Soo Jung Pak 
Sunset Enterpnses, Inc v. .Alcoholic Beverage Control Commission 



CASE 




DATE OF 


PUBLISHED DECISION 


.MMBER 


ALJ 


DECISION 


REGISTER CITATION 


97 DOA 0364 


Reillv 


09/10/97 




97 DOA 0670 


Reilly 


12/19/97 




97 DOA 0959 


Gray 


12/17/97 




97 0,'^ 0714 


Chess 


03/24/98 




97O,AH0715 


Chess 


03/24/98 





92 ABC 1601 


Gray 


08/18/97 


93 .ABC 0987 


Gray 


08/18/97 


94 ABC 0264 


Gray 


08/18/97 


95 .ABC 0429 


Gray 


09/23/97 


96 .ABC 0483 


Morrison 


06/18/97 


96 .ABC 1196 


Gray 


08/26/97 


96 ABC 1804 


Morrison 


09/29/97 



96 ABC 1995 


Reillv 


97 ABC 0030 


Phipps 


97 .ABC 003 1 


Gray 


97 ABC 0118 


Gray 


97 .ABC 01 97 


Morrison 


97 .ABC 03 12 


Mann 


97 ABC 0321 


Gray 


97 .ABC 0325 


Gray 


97 .ABC 0432 


Reillv 


97 .ABC 0443 


Gray 


97 .ABC 0488 


Smith 


97 .ABC 0495 


Momson 


97 .-ABC 0576 


Phipps 


97 .ABC 0586 


Phipps 


97 .ABC 0706 


Momson 


97 .ABC 0820 


Reillv 


97 .ABC 0834 


Reilly 


97 ABC 0846 


Grav 



12/05/97 
10/08/97 
06/13/97 
09/17/97 
01/15/98 
07/29/97 
08/25/97 
04/15/98 
09/09/97 
07/08/97 
10/30/97 
09/24/97 
09/04/97 
09/17/97 
09/15/97 
02/05/98 
03/04/98 
12/10/97 



12:07 NCR 609 



12:21 



NORTH CAROLINA REGISTER 



May 1, 1998 



1956 



COMESTEl) CASE DECISIOXS 



AGENCY 

,\lcoholic Be\'er3ge Control Commission v. 6 Twelve Corporation 
.\lcoholic Bc\erage Control Commission v. Kimberly Loettc Hankins 
.AJcoholic Bev. Ctl. Comm. v. Monterrey Mex. Rest, of Greensboro, Inc. 
.AJcoholic Beverage Control Comm. \ . Fiesta Mexicana, Inc. 
.AJcoholic Beverage Control Commission \-. James Martini 
.\JcohoIic Beverage Control Comm. \ . C\"nthia Lea Wagner 
.AJcoholic Beverage Control Comm, v. BB- & S-, Inc. 
.AJcoholic Beverage Control Comm. v .AJi Mohmood .Ahmed 
Momhammed H. Danvish & Hazccm M Eldara \'. .Alcoholic Bev Ctl Comm 
.AJcoholic Beverage Control Comm. v. Circle K.. Stores. Inc. 

COMMLMTY COLLEGES 

James Elliot Pnce v. Dept. of Community Colleges. St. Bd. of Comm. Col. 

CORRECTION 

David M- Boone v Correction. DW. of Prison .Admin Remedy Procedure 

CRIME CONTROL AXD PIBLIC SAFETY 

Delia Sherrod \'. Cnme ^'ictlms Compensation Commission 

Slanlev D. Carter. Sr. v. \'ictims Compensation Commission 

Mary .A. Kearney \'. CPS. \ ictims Compensation Commission 

Mae .Allen Murray v. Crime \'iclims Compensation Commission 

Beverlv McLaughlin \'. Crime \'ictims Compensation Commission 

Malcolm W. Fields v. Crime \"ictims Compensation Commission 

Rodnev P. Hodge \'- Cnme X'iclims Compensation Commission 

BiUv Steen V, Crime \'ictims Compensation Commission 

Clifford R. PuIIev v. Cnme \'ictims Compensation Commission 

Curtis Jermaine Newkirk v. Crime \'ictims Compensation Commission 

Huston Chnslopher Mason v. \'ictims Compensation Commission 

Perci\'al R. Johnson. .AKARee\es Johnson \'. Crime \"ictims Comp. Comm. 

Oregon* B\"num \', Crime \'ictims Compensation Commission 

Michaeia Dionne Brewington v. Cnme \'ictims Compensation Commission 

Lisa S. Snead \'- Crime A'ictims Compensation Commission 

Robert L. \\'elty. II \. Crime \'ictims Compensation Commission 

Robert T, Blakeney ^. Office of .Administrati\e Heanngs 

Connie Cowan ^. Cnme \ictims Compensation Commission 

Abram J. Smith v. Crime \'ictims Compensation Commission 

Linda Atkinson \'. Crime \'ictims Compensation Comnussion 

Barn. Lee Whitley \ . Crime \'ictims Compensation Commission 

Judy X Scurn for Wendy C, Scurr\' \' Crime \'ictims Comp. Comm. 

ECONOMIC -AND COMMLMTY DE\'ELOP_MENT 

LeonMcNairv. NC Industrial Commission 

ENVIRO.N-MENT AND N.ATni.AL RESOLTtCES 

Herbert C. A\'er\' v. Emironment, HealtK and Natural Resources 
Linda Collie v. Lenoir County Health Department 
Leroy .Anderson v. County of Moore Department of Health 
E.H, Gamer v. New Hanover Health Department 
Peter D. McDowell. Sr. \'- New Hanover Health Department 
Dowell Gray \'. Department of Enxironment and Natural Resources 
and 

Onslow County Department of Health 
Riggings Homeowners .Assoc. Inc. \'. En\*ironmenL Health. & Natural Res. 
John Ronald Ta\lor\'. En\"ironmenL Health. &. Natural Resources 
Independence Mall .Associates \'. Emironment and Natural Resources 
Rick Parker \'. Pitt County Health Dept. Mr. Emie Nichols 
James R. Mehin \'. En\ ironmenl and Natural Resources 
Roger L. Moore v. En\ironment and Natural Resources 
Lee .A Riggs v. Craven County Health Department 

Tommy .Anthonv Swangin \. Dept, of Emironment & Natural Resources 
Robert E, Cahoon \ . Carteret Count)- Health Department 
Jim R. Lanier V- Environment. Health, and Natural Resources 
John Martin \'. EnMronment. Health, and Natural Resources 
John Martin v. En\ ironmenl. Health, and Natural Resources 
Jack R. \\"hitmore v. Dept. of Environment &. Natural Resources 
Rachel S, Tug\vell v. En\ironment. Health and Natural Resources 
Joanne B. HutTv. Dept. of En\ironmenl and Natural Resources 
NC Waste .Awareness & Reduction Network, Inc. \. EHXR 
and 

Carolina Solile Corporation and 01do\*er Corporation 
.Alphasine Cher\J Barficld v, EHN"R. Div. Environmental Health 
Mae B. Blankenburg v. Dare Countv Health Dept. (Issued bv - Crawford) 
Gilbert T. Da\is, Jr. w Fors\th County Environmental .Affairs Dept. 



CASE 




DATE OF 


.NX-MBER 


AL.I 


DECISION 


97 .\BC 0895 


Reilly 


12 16 97 


97 .^C 0897 


Gray 


10 06 97 


97 .\BC 0965 


Momson 


011598 


97 .^C 0983 


Mann 


02 1798 


97 .ABC 1036 


Gray 


12 3197 


97 ABC 1115 


Momson 


02 19 98 


97 ABC 1250 


Gray 


02 24 98 


97 .ABC 1289 


Momson 


0226 98 


97.-VBC 1429 


Smith 


12 31 97 


97.\BC 1538 


Smith 


03 13 98 


98DCC0136 


Gray 


03 1 1 98 


97 DOC 0534 


Momson 


06 16 97 


96 CPS 0300 


Chess 


07 18 97 


96 CPS 1887 


Chess 


01 26 98 


96 CPS 2033 


Becton 


09 26 97 


96 CPS 21 10 


Chess 


10 3197 


97 CPS 0170 


Phipps 


08 29 97 


97 CPS 0360 


Chess 


09 12 97 


97 CPS 0449 


Reilly 


07 0197 


97 CPS 0472 


Momson 


07 23 97 


97 CPS 0523 


Gray 


08 06 97 


97 CPS 0645 


Momson 


10 03 97 


97 CPS 0691 


Becton 


12 04 97 


97 CPS 0779 


Gray 


02 06 98 


97 CPS 0901 


Reiily 


10 16 97 


97 CPS 0992 


Mann 


12 23 97 


97 CPS 1025 


Reilly 


11 10 97 


97 CPS 1073 


Gra\' 


01 20 98 


97 CPS 1187 


Becton 


11 07 97 


97 CPS 1214 


Becton 


12 03 97 


97 CPS 1383 


Momson 


04 14 98 


97 CPS 1389 


Becton 


123197 


97 CPS 1691 


Mann 


04 0998 


98 CPS 0210 


Becton 


04 20,98 


97CO.\I 1549 


Gray 


01 09 98 


96EHRni61 


Chess 


09 23 97 


96 EHR 0264 


Becton 


07 16 97 


96EHR 1969 


Momson 


07 15 97 


96 EHR 1972 


Gray 


08 07 97 


96 EHR 2075 


Gray 


08 07 97 


97 EHR 0195*" 


Gray 


1201 97 


97 EHR 0263 


Reilly 


08 13 97 


97 EHR 0275 


Reilly 


06 09 97 


97 EHR 0328 


Chess 


03 06 98 


97 EHR 0470 


Phipps 


07 01 97 


97 EHR 0682 


Phipps 


09 23 97 


97 EHR 0821 


Smith 


03 1 1 98 


97 EHR 0851 


Becton 


10 02 97 


97 EHR 0875 


Smith 


12 15 97 


97 EHR 0878 


Becton 


09 30 97 


97Eimosso 


Phipps 


03 13 98 


97 EHR 0993 ♦•' 


Phipps 


10 13 97 


97 EHR 0994*-' 


Phipps 


10,1397 


97 EHR 1039 


Mann 


12 17 97 


97 EHR 1086 


Becton 


12 03 97 


97 EHR 1149 


Reilly 


12 30.97 


97 EHR 1189 


Becton 


021698 


97 EHR 1221 


Morrison 


01 28 98 


97 EHR 1267 


Morrison 


04 17 98 


97 EHR 1281 


Smith 


11 10 97 



PI BLISHED DECISIO.N 
REGISTER CIT.ATIO.N 



12;03 NCR 223 



12:13 NCR 1222 



1957 



NORTH CAROLINA REiilSTER 



May 1, 199H 



12:21 



CONTESTED CASE DECISIONS 



AGENCY 

Selby Franklin Brown v. Wa\-ne County Environmental Health 
Station Break, Mane K. Graham v- Martin Tyrell Washington, District 
Health Department 

Coastal Management 

Glenn Sasser v. Di\ision of Coastal Management 

Environmental Sfanagement 

Craig King Farms v. EHNR. Environmental Management Commission 
Henry G. Dail, Dail Brothers v. EHNR, Environmental Management 

Land Resources 

James H. Lowdermilk & J. Wa^ne Lowdermilk v. EHNR. Land Res. 
Charles G. Smith v. EHXR, Division of Land Resources 
Henry Yancey Ingram, 11 Sc Hope Fanning Ingram v. EHNR, Land Res. 
Thomas W'indell Foster, Minnie Foster Tate, Carolyn D. Hughes, Joseph 

& Lome \'oliva v. EHNR, Division of Land Resources 
Thomas W'indell Foster. Minnie Foster Tate. CarohTi D. Hughes, Joseph 

8l Lome Voliva w EHN'R. Division of Land Resources 
Thomas Windell Foster, Minnie Foster Tate, Carolyn D. Hughes, Joseph 

& Lome Voliva v. EHNR, Division of Land Resources 
Thomas Windell Foster, Minnie Foster Tate. Carolvn D. Hughes. Joseph 

& Lome Voliva v. EHNR, Division of Land Resources 

Marine Fisheries 

William B. Tate v. Division of Marine Fisheries 

John \. Trahan w EHN'R, Division of Marine Fisheries 

Hassell B. Laurence, Sr. Gordon LaiArence. Bobby G. Gillikin. Norman 
W. Gillikm, Oliver C. Lawrence. Hiram Gillikiru Louis Gray Thomas, 
Jr., Faye Thomas, Mark Allen Gillikin. Millie Lawrence, June Martin 

Hassell B, Lawrence, Sr.. Gordon Lawrence, Bobby G. Gillikin, Norman 
W. Gillikm. Oliver C. Lawrence, Hiram Gillikin, Louis Gray Thomas. 
Jr., Faye Thomas. Mark .Allen Gillikin. Millie Lawrence, June Martin 

Hassell B. Lawrence, Sr., Gordon Lawrence, Bobby G. Gillikin, Norman 
W. Gillikin, Oliver C. Lawrence. Hiram Gillikin, Louis Gray Thomas, 
Jr., Faye Thomas. Mark Allen GiUikin. Millie Lawrence. June Martin 

Hassell B. Lawrence, Sr., Gordon Lawrence, Bobby G. Gillikin, Norman 
W. Gillikin, 0!i\er C. Lawrence. Hiram Gillikin, Louis Gray Thomas, 
Jr.. Faye Thomas. Mark Allen Gillikin. Millie Lawrence, June Martin 

Hassell B. Lawrence, Sr.. Gordon Lawrence, Bobby G. Gillikin, Norman 
W. Gillikin, Oliver C, Lawrence. Hiram Gillikin, Louis Gray Thomas, 
Jr., Faye Thomas, Mark .Allen Gillikiru Millie Lawrence. June Martin 

Hassell B. Lawrence. Sr.. Gordon Lawrence, Bobby G. Gillikin, Norman 
W. Gillikin, Oliver C Lawrence. Hiram Gillikin, Louis Gray Thomas, 
Jr., Faye Thomas, Mark .-Mien Gillikin. Milhe Lawrence. June Martin 

Hassell B. Lawrence, Sr., Gordon Lawrence, Bobby G. Gillikin. Norman 
W. Gillikin, Oliver C. Lawrence. Hiram Gillikin, Louis Gray Thomas, 
Jr., Faye Tliomas, Mark Allen Gillikin, Millie Lawrence, June Martin 

Hassell B. Lawrence, Sr., Gordon Lawrence, Bobby G. Gillikin, Norman 
W. Gillikin, Oliver C. Lawrence, Hiram Gillikin, Louis Gray Thomas. 
Jr., Faye Thomas, Mark .Allen Gillikin, Millie Lawrence, June Martin 

Hassell B. Lawrence, Sr.. Gordon Lawrence, Bobby G. GiUikin, Norman 
W. Gillikin, Oliver C, Lawrence. Hiram Gillikin. Louis Gray Thomas, 
Jr.. Faye Thomas. Mark .Allen Gillikm. Millie Lawrence, June Martin 

James Fletcher v. EFTNR. Division of Manne Fisheries 

Hassell B. Lawrence. Sr., Gordon Lawrence, Bobby G. Gillikin, Norman 
W, Gillikin, Oliver C. Lawrence. Hiram Gillikin, Louis Gray TJiomas, 
Jr.. Faye Thomas, Mark .Allen Gilhkin, Millie Lawrence. June Martin 

Hassell B. Lawrence, Sr, Gordon Lawrence, Bobby G. Gillikm, Norman 
W. Gillikin, Oliver C. Lawrence, Hiram Gillikin, Louis Gray Thomas, 
Jr., Faye Thomas, .Mark .Allen Gillikin, Millie Lawrence, June Martin 

Maternal and Child Health 

Evan's Mim Mart \-. EHNR, Maternal & Child Health, Nutrition Svcs Sec. 

Solid Waste Management 

Loie J. Priddy v. Division of Solid Waste Management, EHMR 
Dewey \'. Hudson v. EHNU, Division of Waste Management 

Water Quality 

Castle Ha>Tie Steering Committee v. EHNR, Division of Water Quality 
and 
New Hano\ er County Water and Sewer District 
R.AYCO Utilities. Inc.. Bnarwood WUTP v. EHN'R, Div. of Water Quality 



CASE 

INfUMBER ALJ 

97EHR 1534 Smith 

97EHR 1639 Phipps 



97 EHR 0763 Gray 



96EHR 1922 Becton 

97 EHR 0400 Chess 

97 EHR 0917*^ Momson 



97 EHR 0927*^ Morrison 



97 EHR 0928*^ Momson 



97 EHR 0929*^ Morrison 



97 EHR 0935*^ Momson 



97 EHR 0936*^ Momson 



97 EHR 096 1*^ Morrison 



97 EHR 0962*^ Momson 



97 EHR 0979*^ Momson 



97 EHR 0985 Chess 

97 EHR 1038*" Morrison 



97 EHR 1052*^ Morrison 



97 EHR 0599 Phipps 



96 EHR 1838 Morrison 

98 EHR 0083 Smith 



96 EHR 1731 Mann 



97 EHR 0018 Chess 



DATE OF 
DECISION 



01/21/98 
03/09/98 



12/31/97 



PUBLISHED DECISION 
REGISTER CITATION 



96 EHR 0609 


Gray 


01/14/98 


96 EHR 2104 


Gray 


08/27/97 


96 EHR 0745 


Gray 


10/30/97 


96 EHR 0855 


Gray 


10/30/97 


96 EHR 0908 


Gray 


10/30/97 


97 EHR 1002«^ 


Mann 


02/05/98 


97 EHR 1003*^ 


Mann 


02/05/98 


97 EHR 1043*^ 


Mann 


02/05/98 


97 EHR 1057*^ 


Mann 


02/05/98 



12/16/97 
10/30/97 
12/30/97 



12/30/97 



12/30/97 



12/30/97 



12/30/97 



12/30/97 



12/30/97 



12/30/97 



12/30/97 



01/28/98 
12/30/97 



12/30/97 



07/14/97 



06/20/97 
02/05/98 



06/30/97 



09/lZ'97 



12:02 NCR 103 



12:21 



NORTH CAROLINA REGISTER 



May 1, 1998 



1958 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PI BLISHED DECISION 
REGISTER CITATION 



RAVCO Utilities. Inc.. Greystone Forrest WWTP v. EHXR. Water Quality 
RAVCO Utilities. Inc.. .Melbille Heights MHP 
and 
RAYCO Utilities. Inc.. Penman Heights MHP v. EHSR. Water Quality 
RAYCO Utilities- Inc.. Melbille Heights NtHP 
and 
RAYCO Utilities. Inc. Penman Height; MHP v. EHNR, Water Quality 

Hl'MAN RESOl'RCES 

Sampson Health Care Facilities Inc. v. Dept of Health & Human Senices 

John & \'eronica Spearman \. Department of Human Resources 

New Begirmings Chnstian Academy v. Department of Human Resources 

Cindv G. Geho v. Ot^lce of Administrati\ e Hearings, R. Marcus Lodge 

Helen W>7nan v. Department of Human Resources 

DeRothea G. Williams d b a Dee Williams & Company, a proprietorship v. 

Buncombe County Partnership for Children. Inc.. a KC Nonprofit Corp.; 

NC Department of Human Resources [Division of Child Development]: 

NC Department of Environment Health, and Natural Resources [Division 

of Maternal and Child Health] 
Lorraine M. Monroe v. Department of Human Resources 
Ruby Woodward v. Department of Human Resources 
Linda Rou.se Sharp v. Department of Human Resources 
William & Deborah Gilbert \ Department of Human Resources 
Farmie Odessa Dixon \. Department of Human Resources 
Ocelee Gibson w Department of Human Resources 
Lam Patton v. Department of Human Resources 
Rita Faircloth^■. Department of Human Resources 
\'alene Bullock v Department of Human Resources 
\'alene Bullock \'. Department of Human Resources 
FULCO v. Fors\th County En\ ironmenta! .\ffairs Department 
Farmie Odessa Dixon v Department of Human Resources 

Division ofChiid Development 

Geneva B, Home v. DHR, Division of Child Development 

Raleigh Child Care, Inc. v. DHR. Div.. Child Dev., Child Day Care Comm. 

New Hanover Cty. Comm. Action \'. DHR, Division of Child De\elopment 

Cindy G, Geho v. Human Resources. Division of Child De\elopment 

Mar\' .-Vnn Edge v, DHR. Division of Child Development 

Kathleen G. McBnde v. Division of Child Development 

Division of Facility Services 

A\a .McKinney v. DHR. Di\ ision of Facility Ser\ices 

Mercy Egbuleonu v. DHR. Facility Svcs. Health Care Personnel Reg. Sec. 

Mane Emma Wimbush \. DHR, Di\ision of Facility Services 

Mercy Egbuleonu \', Human Resources. Di\'ision of Facility Services 

Kizzie Cooper v. DHR. Facility Svcs, Health Care Persormel Registr,' Sec. 

Maggie J. Bamhill \ . DHR, Facility Svcs. Health Care Pers. Reg, Sec, 

Emma Faison v. DHR. Division of Facility Services 

Eugene Donald Caldwell v. DHR. Division of Facility Senices 

Patncia Addison v, DHR. Facility Svcs. Health Care Personnel Reg. Sec. 

Selena Louise HoUey v. DHR. Facility Svcs. Health Care Persl. Reg. Sec. 

Shirley Ebron v. DHR, Facility Svcs. Health Care Pers, Reg. Sec, 

Carohn Forbes v, DHR, Division of Facility Senices 

Sally Hutchins v. DHR. Division of Facility Senices 

Claudia K,. Thomerson \ DHR. Facility Svcs, Health Care Pers. Reg. Sec. 

Janice .\rui McClinton \ , DHR. Facility S\ cs. Health Care Pers. Reg. Sec. 

Michelle R Griffin \ . DHR. Facility Svcs, Health Care Pers. Reg. Sec. 

Deborah L. McBumie \ . DHR. Facility Svcs, Health Care Pers. Reg. Sec. 

Kelly .M. Poole v, DHR. Facility Svcs, Health Care Pers. Reg. Sec. 

Debbie Williams v. DHR. Fac. Svcs.. Health Care Pers. Reg. Sec, 

Thercse Victoria Wilson v. DHR. Fac. Svcs. Health Care Pers. Reg. Sec. 

Notisha Utley \ . DHR. Fac. Svcs. Health Care Pers. Reg. Sec. 

Helen T. Shokoti v. Human Resources, Division of Facility Services 

Jeri L. .Ajiderson v. Human Resources, Division of Facility Sen'ices 

Susie .A Milsap v. DHR. Facility S\cs. Health Care Pers. Reg. Sec. 

Glenda Christine Taylor v. DHR. Facility Svcs. Health Care Pers, Reg. Sec. 

Maple Heights Rest Home. Inc. v. DHR. Di\ision of Facility Senices 

Lisa Builard v. DHR, Facility Svcs, Health Care Per^. Reg. Sec. 

.-Wela D. Johnson v. DHR. Facility Svcs. Health Care Pers, Reg, Sec. 

Mar>" Arm .Allen v, DHR. Division of Facility Senices 

Cressie D. Mears v, DHR, Di\ ision of Facility Senices 

Marie Emma Wimbush \'. DHR, Facility Svcs. Health Care Pers. Reg. Sec. 

Maria Faye Baker v, DHR. Division of Facility Sen ices 

Himmeler Desvaneu,x v. DHR, Fac. Svcs, Health Care Pers. Reg. Sec. 



97EHR0412 Smith 

97EHR0643*- Smith 



97 EHR 0644* 



Smith 



1029 97 
10/29/97 



10/29/97 



96 DHR 05.^5 


Reilly 


11/06/97 


96 DHR 154? 


Chess 


09 12 97 


96 DHR 1925 


Reillv 


08/22'97 


97DHR02!(6 


Chess 


07'23/97 


97 DHR 1)407 


Reillv 


0808/97 


97 DHR 0424 


.Momson 


09/22-97 



97 DHR 0540 


Gray 


10/30/97 


97 DHR 0552 


Chess 


020298 


97 DHR 0610 


Mann 


08/28/97 


97 DHR 0616 


Chess 


01/29'98 


97 DHR 0652*" 


Reilly 


04/13/98 


97 DHR 0658 


Reilly 


0722 97 


97 DHR 0829 


Phipps 


10/17/97 


97 DHR 0900 


Reilly 


08/15/97 


97 DHR 1255 


Mann 


02/04/98 


97 DHR 1345 


.Mann 


0218 98 


97 DHR 1454 


Ctray 


12,19.97 


97 DHR 1455*" 


Reiily 


04/13.98 


97 DHR 0746 


Chess 


01/26/98 


97 DHR 0854 


Reilly 


021298 


97 DHR 092 1 


Phipps 


09/10/97 


97 DHR 0966 


Phipps 


08/29/97 


97 DHR 1067 


Phipps 


02/23/98 


97 DHR 1604 


Beclon 


02/1298 


96 DHR 2061 


Chess 


07/08/97 


97 DHR 0172 


Becton 


071697 


97 DHR 0296 


Moirison 


02/20/98 


97 DHR 0450 


Gray 


09.02/97 


97 DHR 0459 


Phipps 


06/09'97 


97 DHR 0465 


Gra>' 


07 30/97 


97 DHR 0471 


Gray 


07/15/97 


97 DHR 0480 


Gray 


10. 1097 


97 DHR 0521 


Mann 


07/25/97 


97 DHR 0524 


Phipps 


08/28/97 


97 DHR 0528 


Gray 


10/0297 


97 DHR 0532*" 


Phipps 


121897 


97 DHR 0547*" 


Phipps 


12 18/97 


97 DHR 0551 


Chess 


07 15/97 


97 DHR 0558 


Creech 


10/17,-97 


97 DHR 0559 


Gray 


07,30/97 


97 DHR 0608 


Chess 


09/02'97 


97 DHR 0629 


Chess 


09 0297 


97 DHR 0630 


Gray 


10/01/97 


97 DHR 0632 


Phipps 


0825.97 


97 DHR 0646 


Phipps 


09/26/97 


97 DHR 0653 


Chess 


08.2097 


97 DHR 0659 


Gray 


08/19/97 


97 DHR 0667 


Phipps 


082597 


97 DHR 0681 


Gray 


082997 


97 DHR 0717 


Reiily 


10 16 97 


97 DHR 0721 


Chess 


100997 


97 DHR 0723 


Chess 


08 0697 


97 DHR 0739 


Chess 


01/13,98 


97 DHR 0793 


Chess 


082197 


97 DHR 0797 


Phipps 


08/25/97 


97 DHR 0805 


Phipps 


01. 2398 


97 DHR 0818 


Gray 


10/24/97 



12:17 NCR 1682 



1959 



NORTH CAROLINA REGISTER 



May /, 1998 



12:21 



CONTESTED CASE DECISIONS 



AGENCY 

Tamara Green v. DHR. Fac. Svcs, Health Care Pers. Reg. Sec. 

Lachelle Tonya Braswell v. DHR, Division of Facility Services 

Toni Washington v. DHR, Division of Facility Services 

Lynn E. Thorpe v. DHR. Division of Facility Services 

Sally Hutchins v DHR, Division of Facility Services 

Carolyn Forbes v. DHR, Division of Facility Services 

Debra Burleson v. DHR, Division of Facility Services 

Jean Rossman v DHR, Facility Svcs. Health Care Pers. Reg. Sec. 

Michelle McMahan v. DFtR, Div ision of Facility Services 

Brenda Faye Hams v. DHR, Facility Svcs, Health Care Pers. Reg. Sec. 

Michelle McMahan v, DHR. Division of Facility Senices 

Lorena Barbour v. DHR. Facility Svcs. Health Care Pers. Reg. Sec. 

Angela Mae WTiited v. DHR, Division of Facility Services 

Francis B. Morgan v. Dept of Health &. Human Svcs.. Div. of Facility Svcs. 

Vitina Cockrane v. DHR. Facility Svcs. Health Care Pers. Reg. Sec. 

Mary Susan McLean v. DHR, Fac. Svcs, Health Care Per3. Reg. Sec. 

Brenda Harper v. DHR, Division of Facility Services 

Doris J. Daniels v. DHR. Fac. Svcs, Health Care Pers. Reg. Sec. 

Robin Leigh Robinson \ DHR. Facility Svcs. Health Care Pers. Reg. Sec. 

Genoal Blalock v. DHR. Division of Facility Services 

Charlotte Williams v. DHR. Facility Svcs. Health Care Pers. Reg. Sec. 

Stephanie L. McKjught v. DFIR, Division of Facility Sen ices 

Alanna Devon Stinson v. Dept Health & Human Svcs, DivFacility Svcs. 

Francis B. Morgan v. Dept of Health & Human Svcs.. Div. of Facility Svcs. 

Angela Lynn Barbour v. DHR. Facility Svcs. Health Care Pers. Reg. Sec. 

Pearlie W. Lawson v. Dept. Health & Human Svcs., Div./Eacility Svcs. 

Janet M. Jenkins v. Dept Health & Human Svcs., Div. /Facility Svcs. 

Certificate of Need Section 
Carolina Imaging, Inc/Fayetteville v. DHR, Facility Svcs, Cert/Need Sec. 
and 

Cumberland Cty Hospital System. Inc., d/h/a Cape Fear \"alley Med. Ctr. 
Catawba Memonal Hospital v. DHR, Facility Svcs, Certificate.Need Sec. 
Bio-Medical Applications of NC, Inc.. d/b/a BMA of Concord d'^b/a 

Metrolina Kidney Center of Concord (Lessee) and Concord Nephrology 

Associates (Lessor) v. DHR, Division of Facility Services, Certificate of 

Need Section 
and 

Dialysis Care of NC, LLC d/b/a Dialysis Care of Rowan County 
Lynnhaven VL LLC, d/b/a Glen Alphine Health and Rehabilitation Center 

V. DHR, Facility Svcs., Certificate of Need Section 
and 

Burke Health Investors, L.L.C. d/b/a Burke Health Care Center, and 

Carolina Health Care Center of Burke, L.L.C. 
Burke Health Investors, LLC. d/h a Buike Health Care Center v DHR. 

Facility Svcs., Certificate of Need Section 
and 

Lynnhaven VL L.L.C, d/b/a Glen Alphme Health and Rehabilitation 

Center, and Carolina Health Care Center of Burke, LLC 
Healthprime, Inc. v. DHR, Div. of Facility Svcs., 

Certificate of Need Section 

Liberty Healthcare Services, L.L.C. 

Johnston Health Care Center, L.L.C. 
Johnston Health Care Center. LLC. v. DHR, Div, of Facility Svcs., 

Certificate of Need Section 

Liberty Healthcare Services, L.L.C, 

Healthpnme, Inc, 



CASE 




D.4TEOF 


PUBLISHED DECISION 


>fUMBER 


ALJ 


DECISION 


REGISTER CITATION 


97 DHR 0824 


Becton 


09/29/97 




97 DHR 0826 


Momson 


12/17/97 




97 DHR 0847 


Phipps 


12/10/97 




97 DHR 0865 


Chess 


01/13/98 




97 DHR 087 1»" 


Phipps 


12/18/97 




97 DHR 0899*" 


Phipps 


12/18/97 




97 DHR 0904 


Phipps 


12/1 1/97 




97 DHR 0908 


Smith 


09/02/97 




97 DHR 0915'" 


Marm 


11/13/97 




97 DHR 0938 


Momson 


10/03/97 




97 DHR 0960»"' 


Mann 


11/13/97 




97 DHR 0999 


Phipps 


09/1 1/97 




97 DHR 1029 


Becton 


12/10/97 




97 DHR 1059*'" 


Chess 


04/07/98 




97 DHR 1066 


Chess 


10/15/97 




97 DHR 1091 


Momson 


10/21/97 




97 DHR 1118 


Gray 


02/02/98 




97 DHR 1126 


Gray 


10/27/97 




97 DHR 1169 


Phipps 


10/31/97 




97 DHR 1193 


Gray 


02/12/98 




97 DHR 1274 


Mann 


02/05/98 




97 DHR 1309 


Becton 


01/23/98 




97 DHR 1402 


Chess 


04/16/98 




97 DHR 1456*" 


Chess 


04/07/98 




97 DHR 1458 


Phipps 


01/07.''98 




98 DHR 0048 


Gray 


03/10/98 




98 DHR 0218 


Gray 


04/14/98 




96 DHR 1570 


Phipps 


06/24/97 


12:02 NCR 95 


97 DHR 0626 


Phipps 


0219/98 




97 DHR 0790 


Momson 


03/27/98 





97DHR0925*"' Smith 



97DHR0933*=' Smith 



97 DHR 1079*« ReiUy 



97DHR1081*" Reilly 



02/13/98 



02/13/98 



04/14/98 



04/14/98 



Group Licensure Section 
Jeflieys Family Care #2 v. DHR, Facility Svcs. Group Licensure Section 



97 DHR 0259 



Maim 



06/17/97 



Division of Medical Assistance 

Dilladys Renee Stover v. DHR. Division of Medical Assistance 
Bettye Parson/Tambra Parson v. DHR. Div. of Medical Assistance 
Robert D. & Ronda M. Suton v. DHR, Div. of Medical Assistance 



97 DHR 0560 Mann 
97 DHR 0656 Becton 

97 DHR 0660 Smith 



09/16/97 
08/12/97 
09/05/97 



Division of Social Services 



Child Support Enforcement Section 
Dale P. Sprinkle v. Guilford Child Support .Agency, Human Resources 
Steven Van Linker v. Department of Human Resources 
Michael R. Bryant v. Department of Human Resources 
David Lee Chamblee Jr. v. Department of Human Resources 
John W. Scott V. Department of Human Resources 



96CR,A1171 Gray 

96 CRA 1250*- Becton 

96 CRA 1252 Phipps 

96 CRA 1281 Momson 

96 CRA 1287 Becton 



08/13/97 
07/1 1/97 
08/11/97 
06/16/97 
10/09/97 



12:21 



NORTH CAROLINA REGISTER 



May 1, 1998 



1960 



CONTESTED CASE DECISIONS 



AGENCY 

Charles F. Haag Jr. \. Department of Human Resources 

Michael T- Swann \', Department of Human Resources 

\Va\-ne Degree \. Department of Human Resources 

Ted \\'a\"ne Lamb v Department of Human Resources 

Wilford J. Lackey v Department of Human Resources 

Jeflfrey Grainger \'. Department of Human Resources 

Tollie Woods v. Department of Human Resources 

Fred Edward Stafford v. Department of Human Resources 

Joseph R. Grooms Jr. v. Department of Human Resources 

David X. Jarrett\. Department of Human Resources 

Warren S. Olson v. Department of Human Resources 

Stanley A. Watson v. Department of Human Resources 

Michael X. Isom\'. Department of Human Resources 

Rafael L. Garcia \'. Department of Human Resources 

Justin M. Woazeah, Sr, v. Department of Human Resources 

Johnny R. Holden v. Department of Human Resources 

Calvin F. Mizelle v Department of Human Resources 

Tommy Lee Clark \. Department of Human Resources 

.Ajider L. Garfield \ . Department of Human Resources 

Clarence O. Rains v Department of Human Resources 

Jeremy Baker v. Department of Human Resources 

William T. Hams v. Department of Human Resources 

Hal C. Morgan, Jr. \. Department of Human Resources 

Paul S, Cloninger V. Department of Human Resources 

Edward Stuteville v, Department of Human Resources 

Tony Peterson. Jr v. Department of Human Resources 

Lee G Sanders Jr. \ Department of Human Resources 

David Fraizerv. Department of Human Resources 

David Frai2er\'. Department of Human Resources 

Da\id Hobson v. Department of Human Resources 

Paul Douglas Crone v Department of Human Resources 

Christopher X. Abney v. Department of Human Resources 

Jeffrey L Schraderv. Department of Human Resources 

John T Spidell \. Department of Human Resources 

Robert M. Starling, Sr, v. Department of Human Resources 

Judson T Whitehurst v. Department of Human Resources 

Man L- Ross \. Department of Human Resources 

Kenneth WeIdon\' Department of Human Resources 

Craig \'enson v. Department of Human Resources 

David Scott Jordan v. Department of Human Resources 

Gar\' Lee Heafner Sr. \'- Department of Human Resources 

Lee R. Jones v. Department of Human Resources 

Rocky R- Chaudhr,' \ . Department of Human Resources 

James T, Watson v. Department of Human Resources 

Cecil Hail v. Department of Human Resources 

Lorenzo Shaw v. Department of Human Resources 

\'incent Ritter v. Department of Human Resources 

Harold Ray .Ajmstrong Jr. v. Department of Human Resources 

N'eil G, McGilbeny v. Department of Human Resources 

Ronald Gray v Department of Human Resources 

Gregory S. Wolbert v Department of Human Resources 

William E- Daley Jr. \ . Wake County Child Support Enforcement 

Dennis Larson v. Department of Human Resources 

Eric L. Harrington V. Department of Human Resources 

Paul F Gangemi. Sr. v. Department of Human Resources 

Scott M. Rodriguez v Department of Human Resources 

James Withers v. Department of Human Resources 

Evalma R. Oxendine v. Department of Human Resources 

Phillip R. Banner V. Department of Human Resources 

Brian K, Xorfleet v. Craven County Child Support Office 

Kenneth .A Sayle v. Department of Human Resources 

Richard H. Reisl \. Department of Human Resources 

Lawrence .Arthur Beebe v Department of Human Resources 

Patrick Orlando Crump v. Department of Human Resources 

Ronald L. Hadley \'. Department of Human Resources 

Garland M. Jessup v. Guilford County Child Support Enforcement 

.Anthony LeMar in \'. Department of Human Resources 

Michael .A Norman \ . Department of Human Resources 

Logan Brown v. Department of Human Resources 

Walter Hawk v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


MEMBER 


AL.T 


DECISION 


REGISTER CITATION 


96CR.\1289 


Phipps 


0226/98 




96 CR.\ 1326 


Chess 


06/04/97 




96CR.A.1357 


Phipps 


02 13/98 




96CR.\1359 


Gray 


07/ 10 '97 




96CR.\I367*^ 


Chess 


0217,98 




96CR.\1376 


Reilly 


08/14/97 




96CR.\1348*' 


Morrison 


0804/97 




96CR.-\14n7»'" 


Reilly 


08/21/97 




96 CK.\ 1434 


Phipps 


11/18 97 




96CR.\1438 


Morrison 


07/10/97 




96 CR.-\ 1440 


Phipps 


09/09/97 




96CR.A1448*" 


Reilly 


08/21/97 




96 CR.K 1450 


Becton 


0711/97 




96CR.A1451 


Becton 


09/11 97 




96 CR.A 1452" 


Chess 


07/'22'97 




96 CRA 1463 


Mann 


10/1697 




96 CR,A. 1476 


Chess 


07/07/97 




96 CK.\ 1477 


Phipps 


08 13 97 




96 CR.-\ 1479*' 


Morrison 


07/15/97 




96 CRA 1482 


Reilly 


08'21/97 




96CR.\1491*-° 


Smith 


09 05/97 




96 CR.\ 1492 


Mann 


11/18/97 




96 CRA 1500 


Smith 


09 05 97 




96 CR.\ 1502 


Becton 


09/11/97 




96CRA1507»" 


Mann 


08/13 97 




96 CRA 1513 


Gray 


100297 




96 CRA 1515 


Reiily 


09 11 97 




96 CRA 1519*'° 


Chess 


07/18/97 




96 CRA 1520*'° 


Chess 


071897 




96 CRA 1522*" 


Phipps 


07/24/97 




96 CRA 1550 


Morrison 


0209-98 




96CR.\1551 


Reillv 


12 08 97 




96 CRA 1564 


Reilly 


0204 98 




96 CRA 1567 


Smith 


09 05 97 




96CRAI59S*-' 


Chess 


1 1 03 97 




96 CRA 1635 


Phipps 


01 13 98 




96CR.\164I) 


Phipps 


02 13 98 




96 CRA 1642 


Phipps 


0220-98 




96 CRA 1647 


Morrison 


1203/97 




96 CK\ 1673 


Reilly 


071897 




96 CRA 1683 


Gray 


04 08,98 




96 CRA 1720*' 


Phipps 


07 1097 




96 CRA 1724 


Morrison 


12-17/97 




96 CRA 1740 


Becton 


04/20/98 




96 CRA 1749*-' 


Mann 


07/10-97 




96 CRA 1754 


Gray 


020698 




96 CR.A. 1756 


Becton 


04 17/98 




96 CRA 1762 


Gray 


0210/98 




96 CR.A. 1767*' 


Becton 


07 15 97 




96 CRA 1778 


Chess 


0203/98 




96 CRA 1782 


Mann 


11 18 97 




96 CKA 1789 


Reilly 


09 25 97 




96 CR.A. 1793 


Chess 


06 17 97 




96 CRA 1794 


Mann 


07 1997 




96 CRA 1809 


Gray 


08 13 97 




96CR.A.1818'' 


Gray 


06 25 97 




96 CRA 1820 


Reiily 


0724,97 




96CR.A.1825 


Gray 


09 10 97 




96 CRA 1826*-' 


Gray 


09-24/97 




96 CRA 1846 


Phipps 


100297 




96 CRA 1857 


Grav 


0116,98 




96CR.A.1859 


Reiily 


102197 




96 CRA 1863 


Becton 


121697 




96 CRA 1866*" 


Gray 


08/18 97 




96 CRA 1892 


Reiily 


07 18 97 




96 CRA 1898 


Becton 


07/1 1 97 




96 CRA 1905 


Smith 


09 05 97 




96 CR.\ 1915 


Gray 


09 24 97 




96 CRA 1939*^' 


Reilly 


02 20 98 




96 CRA 1943 


Phipps 


08/13/97 





Consolidated Cases, 



1961 



NORTH CAROLINA REGISTER 



Mav 1, 199H 



12:21 



CONTESTED CASE DECISIONS 



AGENCY 

Kevin L. Combs v. Department of Human Resources 

Carolyn Floyd-Robmson v. Department of Human Resources 

Sanford Tyler v. Department of Human Resources 

Jonah F Fuller v Department of Human Resources 

Eugene E. Stone v. Department of Human Resources 

Johnny Lewis Fields v. Department of Human Resources 

Charles W. Sweatt v. Department of Human Resotirces 

Michael Elliot Wood v. Department of Human Resources 

Roger G. Foster v. Department of Human Resources 

Charlie T. Smith v Department of Human Resources 

Joseph Davis v. Department of Human Resources 

Joseph Michael Eubanks v. Department of Human Resources 

Vonzell Barker v. Department of Human Resources 

Charles F. King v. Department of Human Resources 

A.C. Nash v. Department of Human Resources 

Curtis Bristol Self v. Department of Human Resources 

Ronald Alton Neal v. Department of Human Resources 

Danny Ray Carr v. Department of Human Resources 

Tony Hollingsworth v. Department of Himian Resources 

Charles E. Himt v. Department of Human Resources 

Gregory A. Dodson v. Department of Human Resources 

Fonda D. McSwain v. Department of Human Resources 

Kenneth A. Ingle v. Department of Human Resources 

Norman L Gatewood v Department of Human Resources 

Larie Bolton v. Department of Himian Resources 

Monty G. Cox v. Randolph County Child Support Enforcement Agency 

Steven Van Linker v. Department of Human Resources 

Barry Tukes Sr. v. C.S.E. 

Monty G. Cox v. Randolph Coimty Child Support Enforcement Agency 

Harriet Tolson v. Department of Human Resources 

John W. Scott V. Department of Human Resources 

Edgar C. Lewis, Jr. v. Department of Human Resources 

Willie L. Beny v. Department of Human Resources 

Tony Orlando Steele v. Department of Human Resources 

Carl Locklear v. Department of Human Resources 

Tollie Woods v. Department of Human Resoiu-ces 

James Earl McLellan v. Department of Human Resources 

Wilford J. Lackey v. Department of Human Resources 

Charles L. Raynor v. Department of Human Resources 

Robert Walker v. hitercept Tax Refunds 

Chris M. Wilson v. Department of Human Resources 

Fred Edward Stafford v. Department of Human Resources 

Richard K. Blisard v. Department of Human Resources 

Stanley A. Watson v. Department of Human Resources 

Justin M. Woazeah, Sr, v. Department of Human Resources 

William A. Underbill v. Department of Human Resources 

Alrmron J. Deis v. Department of Human Resources 

Jeremy Baker v Department of Human Resources 

Alfred Clinton Springs v. Department of Human Resources 

Ander L. Garfield v. Department of Human Resources 

Ulysses Harris v. Nash County Child Support Office and Human Resources 

Diego Arboleda v. Department of Human Resources 

Edward Stuteville v. Department of Human Resources 

Gerald A. Jones v. Department of Human Resources 

David Hobson v. Department of Human Resources 

Gregory D. Simpson v. Department of Human Resources 

Carl E. Coffey v. Department of Human Resources 

Donald Ray Archie v. Department of Human Resources 

John T. Spidell v. Department of Himian Resources 

John W. Liverman v. Department of Human Resources 

John H. Hale, Jr. v. Department of Human Resources 

Vincent L. Martin v. Department of Human Resources 

Harlie Leonard Hardison v Department of Human Resources 

Alton Washington v. DHR and Robeson County Child Support Enf. Agcy. 

Robert M. Starling, Sr, v. Department of Human Resources 

David Fraizer v. Department of Human Resources 

Golet HoUoway, Jr. v. Department of Human Resources 

Jeffrey Pierce v. Department of Human Resources 

Patrick Orlando Crump v Department of Human Resources 

Crystal Lynn Manring-Robertson v Forsyth County CSE, DSS & DHR 

William C. Rivera v. Department of Human Resources 

Levi Brothers Jr. v. Department of Human Resources 

David L. Smith v. DHR, DSS, CSE and Sampson County CSE 

Leriora McCracken v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


96 CRA 1948 


Reilly 


12/08/97 




96 CRA 1984 


Smith 


02704/98 




96 CRA 2027 


Phipps 


02/26/98 




96 CRA 2069 


Mann 


03/24/98 




96 CRA 2070 


Morrison 


02/04/98 




96 CRA 2085*" 


Smith 


10/02/97 




96 CRA 2088 


Phipps 


02/04/98 




97 CRA 0036 


Chess 


02/06/98 




97 CRA 0043 


Phipps 


06/19/97 




97 CRA 0280 


Reilly 


06/16/97 




97 CRA 0436»'- 


Phipps 


08/11/97 




97 CRA 0477 


Reilly 


07/18/97 




97 CRA 0620 


Becton 


08/12/97 




97 CRA 0720 


Reilly 


07/30/97 




97 CRA 0788 


Gray 


09/10/97 




97 CRA 0974 


Mann 


11/19/97 




97 CRA 1020 


Becton 


10/23/97 




97 CRA 1160 


Reilly 


12.08/97 




97 CRA 1363 


Gray 


01/13/98 




97 CRA 1418 


Mann 


02/23/98 




97 CRA 1471 


Smith 


02/09/98 




97 CRA 1509 


Morrison 


02/09/98 




97 CRA 1714 


Chess 


09/25/97 




96 CSE 0484 


Chess 


09/23/97 




96 CSE 1220 


Reilly 


08/21/97 




96 CSE 1235*" 


Becton 


08/12/97 




96 CSE 1249*' 


Becton 


07/11/97 




96 CSE 1277 


Mann 


07/01/97 




96 CSE 1278*" 


Becton 


08/12/97 




96 CSE 1280 


Reilly 


08/21/97 




96 CSE 1286 


Becton 


10/09/97 




96 CSE 1299 


Mann 


08/20/97 




96 CSE 1319 


Gray 


06/25/97 




96 CSE 1337 


Mann 


06/30/97 




96 CSE 1338 


Mann 


07/07/97 




96 CSE 1340" 


Morrison 


08/04/97 




96 CSE 1358 


Mann 


10/16/97 




96 CSE 1366*« 


Chess 


02/17/98 




96 CSE 1382 


Becton 


07/1 1/97 




96 CSE 1384 


Morrison 


07/24/97 




96 CSE 1403 


Morrison 


09/25/97 




96 CSE 1406*" 


Reilly 


08/21/97 




96 CSE 1446 


Mann 


10/22/97 




96 CSE 1449*" 


Reilly 


08/21/97 




96 CSE 1453*' 


Chess 


07/22/97 




96 CSE 1455 


.Mann 


07/18/97 




96 CSE 1456 


Gray 


06/25/97 




96 CSE 1460*'° 


Smith 


09/05/97 




96 CSE 1473 


Reilly 


08/21/97 




96 CSE 1480*' 


Morrison 


07/15/97 




96 CSE 1488 • 


Becton 


10/14/97 




96 CSE 1495 


Smith 


03/16/98 




96 CSE 1508*" 


Mann 


08/13/97 




96 CSE 1512 


Becton 


09/11/97 




96 CSE 1521*" 


Phipps 


07/24/97 




96 CSE 1527 


Reilly 


06/25/97 




96 CSE 1528 


Reilly 


09/24/97 




96 CSE 1558 


Becton 


07/11/97 




96 CSE 1566 


Smith 


09/05/97 




96 CSE 1568 


Becton 


07/11/97 




96 CSE 1573 


Mann 


10/22/97 




96 CSE 1574 


Gray 


08/04/97 




96 CSE 1578 


Becton 


08/25/97 




96 CSE 1597 


Becton 


10/13/97 




96 CSE 1605*^" 


Chess 


1 1/03/97 




96 CSE 1610*'° 


Chess 


07/18/97 




96 CSE 1611 


Becton 


07/1 1/97 




96 CSE 1613 


Mann 


06/30/97 




96 CSE 1614*" 


Gray 


08/18/97 




96 CSE 1619 


Becton 


10/13/97 




96 CSE 1622 


Mann 


06/18/97 




96 CSE 1630 


Chess 


02/03/98 




96 CSE 1639 


Becton 


10/13/97 




96 CSE 1644 


Mann 


06/30/97 





12:21 



NORTH CAROLINA REGISTER 



May 1, 1998 



1962 



CONTESTED CASE DECISIONS 



AGENCY 

Donald Lee Rodgen Sr v Rowan County CSE, DHR. DSS. CSE 

Derrick Sturdivanl v. Department ot Human Resources 

Clyde Williams v. DHR. DSS. CSE. and Pitt County CSE 

Lee R. Jones \*. Department of Human Resources 

Jef&ey S, Seals v Department of Human Resources 

Cecil Hall v. Department of Human Resources 

Gregory Mellon v. Department of Human Resources 

Neil G. McGilberrv' \'- Department of Human Resources 

Devm J, BcUo \. Department of Human Resources 

Phillip R. Banner v. Department of Human Resources 

Scott M. Rodriguez v. Department of Human Resources 

James Withers \- Department of Human Resources 

David .\I Greene \ . Buncombe County CSE and DHR, DSS, CSE 

Jarmarle .\moId \ . Department of Human Resources 

Sean Heitz v, Department of Human Resources 

Nathan S. Lockhart Sr v. Department of Human Resources 

Scott James Petnll v. Department of Human Resources 

Darnel E. Carpenter v. Department of Human Resources 

Logan Brown V. Department of Human Resources 

Daniel D. Morse % Department of Human Resources 

Dan 1 E. Shankle v. Child Support Enforcement .\gency 

Kevm R. Thomas \ , Department of Human Resources 

Jeffrey William Slrama v Department of Human Resources 

Joseph Fernandez v. Department of Human Resources 

Larr>' .\. Langslon v. Department of Human Resources 

Johnny Lewis Fields v. Department of Human Resources 

.Alfred Covington v. DHR, DSS. CSE and Burke County CSE 

Tommy L. Mines Sr. \', For5>th County Child Support Enforcement 

Kelvin Cherry v. DHR. DSS. CSE. Durham Cty CSE and Wake Cty CSE 

Irvan Jemal Fontenot v. Department of Human Resources 

Pearlie Blakney v. Department of Human Resources 

Leroy Grooms v. Department of Human Resources 

Sarah Chambers v. Department of Human Resources 

Leroy Grooms \ Department of Human Resources 

Pedro Baltazar Jocobo ^ . Department of Human Resources 

Theodore McCleese v. Department of Human Resources 

Gertru Jefferson Ward v. Department of Human Resources 

James .\Jlen Harris v. Department of Human Resources 

John C. Henderson v. Department of Human Resources 

William .V Rogers v. Department of Human Resources 

Mark R- Kearney v. Department of Human Resources 

Michael J. Powell v. Department of Human Resources 

Joseph Davis v. Department of Human Resources 

James G, Davis v. Department of Human Resources 

Randy GaxTimik \ . Department of Human Resources 

Curtis Leon Mock \. Department of Human Resources 

Daniel E. Carpenter v. Department of Human Resources 

Juan L. .AJlen v. Department of Human Resources 

Donald Mac Tipton v. Department of Human Resources 

Gu\- R. .\uger \'. Brunswick County Child Support Enforcement 

.Andrew J, Hough v. Department of Human Resources 

Michael \'. Docken ^ - Department of Human Resources 

William Irving Commodore \ . Department of Human Resources 

David F. Norman v. Department of Human Resources 

Richmond P- Lambert IE \ . Department of Human Resources 

Carv'in Ray Bums \ Department of Human Resources 

Mar F. Jones v. Department of Human Resources 

Sharron S Chappell v Department of Human Resources 

Denis J. Quinn V. Department of Human Resources 

Franklin De.Angelo Staten \', Department of Human Resources 

Joseph L Hill v. Department of Human Resources 

Roosevelt .Aislon v. Department of Human Resources 

Steve E. Young v. Department of Human Resources 

James .-Alan Lelchworth \'- Department of Human Resources 

Nathaniel D- Carter w Department of Human Resources 

Dennis W. Clowers \, Department of Human Resources 

Tracy .A. Merrill v. Department of Human Resources 

Randy Shaw v. Department of Human Resources 

Daniel J McDowell v. Department of Human Resources 

Enrico Phineas Acher v. Department of Human Resources 

Roger Waldren v. Department of Human Resources 

Randy .AJlen \'ore \- Department of Human Resources 

Ramona G. Garrett v. Department of Human Resources 

James D. Cozad v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NL"MBER 


ALJ 


DECISION 


REGISTER CITATION 


96 CSE 1667 


Beclon 


10 13 97 




96 CSE 1672 


Chess 


10 09 97 




96 CSE 1688 


Becton 


10 13 97 




96 CSE 1719-' 


Phipps 


07 10 97 




96 CSE 1744 


Gray 


02 10 98 




96 CSE 1750*-' 


Mann 


07 10 97 




96 CSE 1764 


Momson 


09 17 97 




96 CSE 1766" 


Becton 


07 15 97 




96 CSE 1774 


Phipps 


07 16 97 




96 CSE 1802*^ 


Gray 


09 24 97 




96 CSE 1817*' 


Gray 


06 25 97 




96 CSE 1821 


Reiily 


08 21 97 




96 CSE 1844 


Becton 


10 06 97 




96 CSE 1853 


Becton 


10 14 97 




96 CSE 1909 


Chess 


07 22 97 




96 CSE 1910 


Phipps 


07 16 97 




96 CSE 1914 


Momson 


07 30 97 




96 CSE 1917"- 


Phipps 


07 25 97 




96 CSE 1920*^ 


Reiily 


0220 98 




96 CSE 1942 


Chess 


08 19 97 




96 CSE 1977 


Becton 


07 1 1 97 




96 CSE 1988 


Phipps 


0213 98 




96 CSE 2043 


Becton 


07 1 1 97 




96 CSE 2066 


Chess 


08 2197 




96 CSE 2083 


Reiily 


03 23 98 




96 CSE 2084*- 


Smith 


10 02 97 




96 CSE 2086 


Becton 


10 06 97 




97 CSE 0015 


Reiily 


07 18 97 




97 CSE 0027 


Becton 


10 13.97 




97 CSE 0223 


Becton 


07 1 1 97 




97 CSE 0254 


Phipps 


07 24 97 




97 CSE 0258*" 


Becton 


07 18 97 




97 CSE 0278 


Morrison 


06 16 97 




97 CSE 0297»" 


Becton 


07 18 97 




97 CSE 0339 


Mann 


10 22 97 




97 CSE 0353 


Morrison 


08 05 97 




97 CSE 0381 


Chess 


08 22 97 




97 CSE 0401 


Mann 


10 16 97 




97 CSE 0408 


Smith 


09 05 97 




97 CSE 0410 


Grav 


06 25 97 




97 CSE 0417 


Reiily 


08 07 97 




97 CSE 0418 


Becton 


08 12 97 




97 CSE 0435"- 


Phipps 


08 1197 




97 CSE 0448 


Gray 


07 28 97 




97 CSE 0454 


Morrison 


08 04 97 




97 CSE 0490 


Mann 


06 17 97 




97 CSE 0501*'- 


Phipps 


07 25 97 




97 CSE 0550 


Smith 


09 05 97 




97 CSE 0564 


Gray 


09 15 97 




97 CSE 0600 


Morrison 


07 18 97 




97 CSE 0615 


Reiily 


08 21 97 




97 CSE 0642 


Mann 


10 03 97 




97 CSE 0671 


Mann 


10 03 97 




97 CSE 0672 


Gray 


07 28 97 




97 CSE 0712 


Morrison 


10 06 97 




97 CSE 0751 


Becton 


09 1 1 97 




97 CSE 0777 


Phipps 


08 28 97 




97 CSE 0789 


Momson 


12 04 97 




97 CSE 0794 


Reiily 


09 24 97 




97 CSE 0822 


Morrison 


1106 97 




97 CSE 0830 


Smith 


04 17 98 




97 CSE 0874 


Phipps 


01 14 98 




97 CSE 0876 


Mann 


12 04 97 




97 CSE 0919 


Reiily 


1208 97 




97 CSE 093 1 


Smith 


09 25 97 




97 CSE 0944 


Becton 


09 1 1 97 




97 CSE 0947 


Phipps 


11 18 97 




97 CSE 0981 


Gray 


12 11 97 




97 CSE 0984 


Momson 


09 10 97 




97 CSE 0990 


Reillv 


1105 97 




97 CSE 1042 


Chess 


10 13 97 




97 CSE 1071 


Mann 


10 07 97 




97 CSE 1108 


Morrison 


12 04 97 




97 CSE 1296 


Reillv 


0220 98 





1963 



NORTH CAROLINA REGISTER 



May 1, 1998 



12:21 



CONTESTED CASE DECISIONS 



AGENCY 

Tonya M. Kennedy v. Department of Human Resources 

Alan M. Greenberg \ . Department of Human Resources 

Judson T. Whitehurst v. Department of Human Resources 

Johnny Hoyle Marsh Jr. v. Department of Human Resources 

Walter McNeil v. Department of Human Resources 

Monlez Lowery \' Department of Human Resources 

James H. Riggs v. Department of Human Resources 

Derek W Henslee v. Department of Human Resources 

Burnett D- Hunter Jr. \', Department of Human Resources 

Jacob S. Haught v. Department of Human Resources 

Kev'in Scott Tate v. Department of Human Resources 

Ronald D. Toomer v. Department of Human Resources 

Teresa D. Ricketts v. Department of Human Resources 

Johnnie L. Johnson v. Department of Human Resources 

Gerald Scott Saucier v. Department of Human Resources 

Glenn O. Greene v. Department of Human Resources 

Jania 0. Early v. Department of Human Resources 

Willie Ray McClendon v. Department of Human Resources 

Robert L. Price, Jr. \'- Department of Human Resources 

Michael Shine v. Department of Human Resources 

Lonnie Woodley, Jr. v. Department of Human Resources 

George J. Kozykowski Jr. v. Department of Human Resources 

Johrmy Lee Bartlett Jr. \'. Department of Human Resources 

Charlotte K. Rodriguez v. Department of Human Resources 

Michael \. Wright v. Department of Human Resources 

Rickey Knotts v. Department of Human Resources 

Lisa S. Pri\ette v. Department of Human Resources 

Christopher McNeill \' Department of Human Resources 

Donald Monroe v. Department of Human Resources 

Kenneth Wavne Howell v. Department of Human Resources 

Gregory- P. Hublitz v. Department of Human Resources 

William F. Driscoll v Department of Human Resources 

David L. Darnell v. Department of Human Resources 

Leon McNair v. Department of Human Resources 

Ronald Castillo v. Department of Human Resources 

Herberto Garcia v. Department of Human Resources 

Bret D. Burtrum \. Department of Human Resources 

Crosby Faulk v. Department of Human Resources 

Todd Watkins \ . Department of Human Resources 

Edouard Wesly Pierre v. Department of Human Resources 

Carla C. Abee v. Department of Human Resources 

James E. Gallagher Jr. v. Department of Human Resources 

Wayne Deross v. Department of Human Resources 

Tony Lee Milton v. Department of Human Resources 

Kenneth B. Lintz v. Department of Human Resources 

Curtis T. Brown v. Department of Human Resources 

Elvin V. Marley v. Department of Human Resources 

Kevin E. Miller v. Department of Human Resources 

Jeffrey D. Byrd v. Department of Human Resources 

Davin D. Pnde v. Department of Human Resources 

Robert B. Newkirk III v. Department of Human Resources 

Charles Stewart v. Department of Human Resources 

Kenneth B. Smith v. Department of Human Resources 

Anthony T. McKnight v. Department of Human Resources 

Larry Eugene Harbaugh v. Department of Human Resources 

David A Strealer v. Department of Human Resources 

Philip Scott Novak v. Department of Human Resources 

Lee David Bonacum v. Department of Human Resources 

David S. McCuUar v. Department of Human Resources 

Dominique Evans v. Department of Human Resources 

Dermis McNeill v. Department of Human Resources 

Chad R. Bowman v. Department of Human Resources 

Eric Bouler v. Department of Human Resources 

Gar>' T. Mason v. Department of Human Resources 

Christopher M. Allen v. Department of Human Resources 

Terrence B. Comer v. Department of Human Resources 

Domingo Caba v. Department of Human Resources 

David Hobson v. Department of Human Resources 

Jerry Whitley v. Mecklenburg County Child Support Enforcement 

Emest Smith Sr. v. Department of Human Resources 

Douglas K. Johnson v. Department of Human Resources 

Gregory' Alan Jett v. Department of Human Resources 

William Jerrell Seawell v. Department of Human Resources 

Bruce A Carter v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


97CSE 1305 


Smith 


03/02/98 




97CSE 1311 


Smith 


12/08/97 




97CSE 1312 


Becton 


02/20/98 




97CSE 1314 


Smith 


02/09/98 




97 CSE 1324 


Becton 


09/1 1/97 




97 CSE 1352 


Smith 


02/19/98 




97 CSE 1353 


Becton 


04/06/98 




97 CSE 1354 


Gray 


03/02/98 




97 CSE 1355 


Morrison 


02/20/98 




97 CSE 1356 


ReiUy 


02/23/98 




97 CSE 1358 


Mann 


02/24/98 




97 CSE 1359 


Chess 


03/13/98 




97 CSE 1360 


Smith 


03/02/98 




97 CSE 1361 


Smith 


03/02/98 




97 CSE 1364 


Becton 


02/19/98 




97 CSE 1375 


Becton 


02/10/98 




97 CSE 1376 


Morrison 


02/27/98 




97 CSE 1377 


Gray 


03/02/98 




97 CSE 1379 


ReiUy 


02a0/98 




97 CSE 1394 


Smith 


03/31/98 




97 CSE 1396 


Chess 


03/18/98 




97 CSE 1397 


Phipps 


01/13/98 




97 CSE 1398 


Mann 


02/03/98 




97 CSE 1412 


Morrison 


03/18/98 




97 CSE 1423 


Morrison 


04/03/98 




97 CSE 1432 


Morrison 


03/24/98 




97 CSE 1433 


Gray 


02/23/98 




97 CSE 1434 


Reiily 


02/11/98 




97 CSE 1449 


Gray 


02/02/98 




97 CSE 1466 


Phipps 


03/20/98 




97 CSE 1468 


Gray 


02/10/98 




97 CSE 1469 


Morrison 


02'02/98 




97 CSE 1470 


Reilly 


03/12/98 




97 CSE 1472 


Becton 


03/13/98 




97 CSE 1475 


Mann 


03/13/98 




97 CSE 1477 


Morrison 


02/02/98 




97 CSE 1478 


Reilly 


03/12/98 




97 CSE 1484 


Mann 


03/24/98 




97 CSE 1485 


Gray 


03/12/98 




97 CSE 1487 


Reiily 


03/12/98 




97 CSE 1488 


Smith 


04/03/98 




97 CSE 1494 


Phipps 


03/12/98 




97 CSE 1500 


Gray 


02/02/98 




97 CSE 1501 


Morrison 


03/12/98 




97 CSE 1502 


Reilly 


03/12/98 




97 CSE 1504 


Becton 


03/13/98 




97 CSE 1505 


Chess 


03/13/98 




97 CSE 1506 


Phipps 


02/20/98 




97 CSE 1507 


Mann 


03/13/98 




97 CSE 1508 


Gray 


02/23/98 




97 CSE 1511 


Smith 


03/02/98 




97 CSE 1519 


Smith 


04/03/98 




97 CSE 1520 


Becton 


02/02/98 




97 CSE 1522 


Phipps 


03/12/98 




97 CSE 1540 


Morrison 


02'19/98 




97 CSE 1541 


Reilly 


03/19/98 




97 CSE 1542 


Smith 


03/19/98 




97 CSE 1543 


Becton 


04/06/98 




97 CSE 1546 


Mann 


01/12/98 




97 CSE 1551 


Morrison 


03/20/98 




97 CSE 1552 


Reilly 


02/02/98 




97 CSE 1553 


Smith 


03/06/98 




97 CSE 1582 


Reilly 


03/19/98 




97 CSE 1597 


Becton 


04/17/98 




97 CSE 1613 


Morrison 


03/31/98 




97 CSE 1614 


Morrison 


04/20/98 




97 CSE 1632 


Smith 


04/16/98 




97 CSE 1747*" 


Phipps 


07/24/97 




97 CSE 2037 


Reilly 


08/21/97 




98 CSE 0016 


Morrison 


02/23/98 




98 CSE 0017 


Becton 


02/23/98 




98 CSE 0018 


Smith 


02/19/98 




98 CSE 0058 


Mann 


02/24/98 




98 CSE 0059 


Gray 


02/24/98 





12:21 



NORTH CAROLINA REGISTER 



May 1, 1998 



1964 



CONTESTED CASE DECISIONS 



AGENCY 

Pefr>' Eugene Lo\e \. Departmenl of Human Resources 
Hogan Larr\' Spencer \. Department ot Human Resources 
Maxine B. Hopkms v. Department of Human Resources 
Lmda Wadc-Hargrove v, Departjnenl of Human Resources 
Regina C. Sulli\an v. Department of Human Resources 
Ten L\7ine Lamer v Department of Human Resources 
Katnna T. Johnson \'. Department of Human Resources 
Clansa Carter Watson \ . Department of Human Resources 
Paulette Duggins Rodgers v. Department of Human Resources 

INSLTRANCE 

Joseph J. Peacock v. Department of Ii\surance 

Jl'STICE 

Barbara Carter Irons v. DHR. Division of Facility Sen ices 

Paul Harvey Taylor v. Department of Justice, Company Police Program 

Christopher Michael L>-nn v. Company Police Program 

William G, Fishery, Consumer Protectioru Department of Justice 

Imran Ramnanne \'- Department of Justice, Company Police Program 

Alarm Systems Licensing Board 

K.im Bnan Phelps \ .\larm Systems Licensing Board 
Daniel Joseph Dunne, m \ . .-Vlarm Systems Licensing Board 
William C. Parham. HI v. .\larm Systems Licensing Board 

Education and Training Standards Division 

Charles Thomas Dhnmacht, Jrv Cnml. Justice Ed. Training Stds. Comm. 

Jon Randolph O'Dell v. CnmL Justice Ed. Training Stds. Comm. 

James Ha>-wood Mathews, Jr, v Criml. Justice Ed. Training Stds. Comm. 

Teresa D, Wnght \ . Shenft's' Ed & Training Stds. Comm. 

Chnstopher Lee v, Cnminal Justice Ed, &. Training Standards Comm 

Steven Wa\Tie Olsen v Cnminal Justice Ed. & Training Standards Comm. 

Edward Delano Hammock v Cnminal Justice Ed. &. Training Sds Comm. 

Garlleld Duncan Whitaker\. Cnminal Justice Ed, & Training Stds Comm. 

Joseph Lonnie Wesson i.'. Cnminal Justice Ed. & Training Standards Comm. 

Frank .-Krlander Heame \ . Cnml. Justice Ed. »S: Training Stds. Comm. 

Audrey McDonald Rodgers v, Shenffs' Ed. & Training Stds. Comm. 

Gerald S. Wingate \ . Shenffs' Ed. & Training Stds, Comm 

William Malcolm Mounno %'. Sheriffs' Ed. & Training Stds. Comm. 

Joel Scott B\Td V. Cnml. Justice Ed. & Training Stds. Comm. 

Demck W. Bowens v. Sheriffs' Education & Training Standards Comm. 

Joseph Ray Davis v. Shenffs' Ed. & Training Stds. Comm. 

Dana Chambers Queen v. Sheriffs' Ed. & Training Stds. Comm. 

Joel Scott B^Td V. Shenffs' Education &. Training Stds. Comm. 

William Wa\Tie McDowell v. Sheriffs' Education & Training Stds. Comm. 

Richard .\llen Pnce, Jr \ , Cnminal Justice Ed. & Traming Stds. Comm. 

Roy Randolph Carpenter. Jr v, Crim. Justice Ed. & Training Stds Comm. 

Raren Poole Daniels v. Sheriffs' Ed & Training Stds. Comm. 

James Earl E\erett \ . Cnm. Justice Ed. &. Training Stds Comm. 

Paul William Turner. Jr v. Shenffs' Ed. & Traimng Stds. Comm. 

Robert Ho\t Porter \'- Shenffs' Education & Trainmg Stds. Comm. 

,\nthony Jerome Jackson \', Shenffs' Ed, & Training Stds. Comm. 

Private Protective Services Board 
Pn\ ate Protecthe Services Board v. Phillip L. Hanson 
Ronald .Anthony Bobeck \', Pn\ ate Protectee Services Board 
Joseph D. WTiite v. Pri\ ate Protective Services Board 
.Arnold S. Fr»e v, Pri\ ate Protective Services Board 
Harr> .A House \'. Pri\ate Protecti\ e Services Board 
Earl Thomas Wilson v. Pnvate Protective Services Board 
Christopher G. Hofmann \ Private Protective Services Board 
Patti Jones v. Pnvate Protectee Services Board 
John Stokes. Jr. v. Pnvate Protective Services Board 
Ronnie Young v. Pnvate Protective Services Board 
Steven M Riley \ . Pn\ ale Protective Services Board 

PUBLIC INSTRUCTION 

Nicholas Eirschele. by his parents. Charles & Kathy Eirschele v. Craven 

Count) Board of Education 
Jay and Elisabeth Miller \. Henderson Count) Public Schools 
Karen L. Holgersen \ . Department of Public Instruction 
Mendith Kirkpatnck. b) her parent Susan Kirkpatnck and Mendith 

Kirkpatnck. Indi\idually w Lenoir County Board of Education 
Bnan .Allen Hoffman \'. Department of Public Instruction 



CASE 




D.ATE OF 


PI BLISHED DECISION 


MMBER 


.A.LJ 


DECISION 


REGISTER CITATION 


98CSE0132 


Smith 


03/12/98 




98CSE0143 


Morrison 


03 12 98 




98 CSE 0272 


Phipps 


04 17 98 




97 DCS 0365 


Becton 


07/11 97 




97 DCS 0482 


Becton 


07 18/97 




97 DCS 0738 


Smith 


090597 




97 DCS 0856 


Becton 


09/24 97 




97 DCS 0909 


Gray 


100297 




97 DCS 1238 


Smith 


12 08,97 




96 IXS 0433 


Becton 


072597 


I2;04NCR 327 


97 DOJ 0669 


Phipps 


08/27/97 


12;06XCR 501 


97DOJ0916 


Reilly 


10/03/97 




97 DOJ 1120 


Chess 


10/22 97 




97 DOJ 1300 


Mann 


01/15/98 




97 DOJ 2071 


Becton 


06/1197 




96 DOJ 1785 


Gray 


08 08 97 




97 DOJ 0868 


Phipps 


09/1297 




98 DOJ 0202 


Gray 


03/2598 




96 DOJ 0353 


Phipps 


06 13 97 




96 DOJ 1466 


Phipps 


09'1697 




96 DOJ 1957 


Reilly 


07 3197 




97 DOJ 0035 


Momson 


01/0898 




97 DOJ 0076 


Morrison 


06 19 97 




97 DOJ 0077 


Phipps 


08/21 97 




97 DOJ 0078 


Gray 


12 19 97 




97 DOJ 0121 


Phipps 


1 1 04 97 




97 DOJ 0136 


Reilly 


08/26/97 




97 DOJ 0137 


Rcillv 


06 10 97 




97 DOJ 0308 


Reilly 


07 31 97 




97 DOJ 0428 


Gray 


10 09 97 




97 DOJ 0430 


Phipps 


09 1697 




97 DOJ 0557*-^' 


Chess 


03 06 98 




97 DOJ 0661 


Smith 


0829 97 




97 DOJ 0747 


Gray 


100297 




97 DOJ 0748 


Phipps 


03 05 98 




97 DOJ 0767»" 


Chess 


03 06 98 




97 DOJ 0817 


Momson 


0822 97 




97 DOJ 0976 


Phipps 


03 1298 




97 DOJ 0977 


Becton 


1231 97 




97 DOJ 1128 


Momson 


020298 




97 DOJ 1218 


Gray 


01/26'98 




97 DOJ 1235 


Reilly 


04 15 98 




97 DOJ 1318 


Morrison 


04/0998 




97 DOJ 1426 


Phipps 


01/09 98 




96 DOJ 0795 


Smith 


06/05 97 




97 DOJ 0476 


Momson 


06.20 97 




97 DOJ 0724 


Gray 


10 06 97 




97 DOJ 0726 


Morrison 


040998 




97 DOJ 0727 


Phipps 


09' 11 97 




97 DOJ 0996 


Gray 


10 06 97 




97 DOJ 1194 


Gray 


03 24 98 




97 DOJ 1195 


Reiily 


1 1 03 97 




97 DOJ 1196 


Reilly 


11,03/97 




97 DOJ 1197 


Gray 


03 24 98 




97 DOJ 1445 


Mann 


013098 




96 EDC 0655 


Mann 


09,0297 





96 EDC 0766'^ Phipps 
96 EDC 0808 Smith 

96 EDC 0979 0\ crby 



96 EDC 1013 



Gray 



1211 97 

05 27 97 

06 02 97 

10 24 97 



12:13 NCR 1201 



1965 



NORTH CAROLINA REGISTER 



Mav 1, 1998 



12:21 



CONTESTED CASE DECISIONS 



AGENCY 

Uexander &. Linda Brody & their son, James Brody v. Dare County 

Public Schools 

ay and Elisabeth Miller \. Henderson County Public Schools 
Jrenda Joyce Brooks Lovely v. Slate Board of Education 
bhn G. Schaenman v. State Board of Education 
*Jonnan D. Crolt^ v. State Board of Education 

^aul W. Bonham v. State Board of Education. Dept. of Public Instruction 
"red W. Crawford 11 \- Charlotte /Mecklenburg Board of Education 
A'alterR. Bennett v. State Board of Education 
lulius O. \\'ebb v, Hertford County Board of Education 
Charles Beverly Whitley v. State Board of Education 
'A. Margaret Willetts v. Department of Public Instruction 
tCaren Clark Ceccato V- Department of Public Instruction 
Carl Smith Herman v. State Board of Education 
Clarence Thomas Ford v. Department of Public Instruction 
Cynthia Chisley v. Cumberland County Board of Education 
rhomas Jenkins (Student), Bemitha Jenkins (Parent) v. Ralph Fike Senior 

High, Wilson County Public School 

STATE PERSONNEL 

Administration 

Paul F. Rock v. Dept. of Administration Div. of Purchase and Contract 

Brunswick Community College 

Dr. Donald W. Skinner v. Brunswick Community College 

Correction 

Janice Harding v. Department of Correction 

William H Williamson v. AK. Pruitt, Sup. Blanch Youth Inst, Correction 

William H. Williamson v. AK. Pruitt, Sup. Blanch Youth Inst Correction 

Michael McKimmey v. Department of Correction 

Pamela Robinson v. Department of Correction 

Pamela Robinson v. Department of Correction 

Ronald C. Denton, Sr. v. Dept. of Correction, Western Youth Institution 

Stephen Dubay v. Department of Correction 

Rodney Jones, Paula Hawkins. James McKov \'. Dept, of Correction 

Rodney Jones, Paula Hawkins. James McKoy v. Dept. of Correction 

Rodney Jones. Paula Hawkins, James McKoy v. Dept. of Correction 

Larry Wa^ne Pnutt, Jr. v. Department of Correction 

Margaret Martin Roberts v. Department of Correction 

William Hershel Bradley \'. Franklin Freeman, Supt. Mark Hughes, 

Grant Spicer, Asst. Supt. Wade Hatley. et al. Department of Correction 
Dennis Harrell v. Department of Correction 
Ray Evans Joyner \. Correction. Div. of Adult ProbationParole 
Morton Floyd v. New Hanover Department of Correction 
Fannie P Greene v. Adult Probation. State of NC 
Donald R. Webb v. Department of Correction 
William G. Jordan v. Department of Correction 
Joe Nathan Graham v. Department of Correction 

William A Rich v. Dennis Rowland (Asst. Supt.) Wake Corr. Ctr. DOC 
Deborah R. DLxon v. Department of Correction 
Torie M. Osborne v. Department of Correction 
Stanford R. Peerless v. Department of Correction 
Dennis M. Butcher v. Department of Correction 
Lonnie F. McCaskill, HI v. Department of Correction 
William E. McCaskill v Department of Correction 
William A Rich v. Department of Correction 
.■\ndrew Pinto v. Department of Correction 

Regina Draughon v. Department of Correction. Duplin Correctional Ctr. 
Ronald M. Johnson v. Emp. Rcl. Comm.. DOC (Morrison Youth Inst.) 
Bemie B. Kelly v. Harry Chambers, Department of Correction 
Stanley L. Ingram v. Department of Correction 
Randy L. Tompkins \ , Department of Correction 
Constance L. Hines v. Personnel Dept. Polk Youth Institute 
Omar J. Finley v. Dept. of Correction. Div. of Adult Probation &. Parole 
Andrew Pinto \-. Department of Correction 
Pamela Denise Hall v. Scotland Correctional Center 
Reginald W. Lewis v. Piedmont Corr. Institute, Mr. T. Pinion, Cpt, 

K. Fry, Sgt, Dancy, SCT, B. Crawford 
Donald W. Keith v Department of Correction 
William D. Bryant, Jr. v. Department of Correction 
Frances A Holden v. Lumberton Correctional Institute 
Thomas \^'oolndee v. Lumberton Correctional Institute 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


96 EDC 1095 


Creech 


08/25/97 


12:07 NCR 581 


96 EDC 1708*^ 


Phipps 


12/11/97 


12:13 NCR 1201 


97 EDC 0089 


Momson 


08/01/97 




97 EDC 0095 


Morrison 


10/07/97 




97 EDC 01 17 


Reilly 


09/23/97 




97 EDC 0343 


Smith 


10/28/97 




97 EDC 0345 


Smith 


10/21/97 




97 EDC 0657 


Smith 


09/29/97 




97 EDC 0736 


Gray 


09/09/97 




97 EDC 0898 


Becton 


12/31/97 




97 EDC 0978 


Phipps 


10/29/97 




97 EDC 0989 


Smith 


09/16/97 




97 EDC 1050 


Becton 


10/27/97 




97 EDC 1109 


Morrison 


04/14/98 




97 EDC 1167 


Gray 


12/29/97 




97 EDC 1550 


Smith 


01/06/98 





97 OSP 1404 Phipps 



97OSP0310 Phipps 



01/09/98 



06/12/97 



87 OSP 1250 


Morrison 


01/12/98 






93 OSP 0687»" 


Gray 


01/28/98 






93 OSP 1379'" 


Gray 


01/28/98 






96 OSP 0254 


Reilly 


12/18/97 


12:14 NCR 


1363 


96 OSP 0403 »'' 


West 


12/08/97 


12: 14 NCR 


1373 


96 OSP 0654*" 


West 


12/08/97 


12:14 NCR 


1373 


96 OSP 0773 


Chess 


03/10/98 






96 OSP 0896 


Gray 


01/28/98 






96 OSP 1051*" 


Phipps 


08/20/97 






96 OSP 1119*" 


Phipps 


08/20/97 






96 OSP 1120*" 


Phipps 


08/20/97 






96 OSP 1133 


Gray 


08/1 1/97 






96 OSP 1157 


Reiily 


01/26/98 


12:17 NCR 


1677 


96 OSP 1604 


Phipps 


06/19/97 






96 OSP 2039 


Chess 


06/18/97 






97 OSP 0100 


Becton 


09/18/97 






97 OSP 0152 


Gray 


06/13/97 






97 OSP 0261 


Gray 


n/20/97 






97 OSP 0302 


Gray 


03/12/98 






97 OSP 0469 


Morrison 


10/31/97 


12:11 NCR 


987 


97 OSP 0539 


Smith 


01/13/98 






97 OSP 0542 


Gray 


09/02/97 






97 OSP 0594 


Smith 


01/29/98 


12:17 NCR 


1685 


97 OSP 0601 


Smith 


10/27/97 






97 OSP 0636 


Morrison 


02/25/98 






97 OSP 0745 


Reilly 


12/10/97 






97 OSP 0761 


Gray 


10/02/97 






97 OSP 0770 


Becton 


09/26/97 






97 OSP 0853 


Mann 


12/23/97 






97 OSP 0873 


Becton 


10/31/97 






97 OSP 0883 


Phipps 


12/19/97 






97 OSP 0940 


Gray 


10/02/97 






97 OSP 0998 


Becton 


02/03/98 






97 OSP 1075 


Mann 


12/23/97 






97 OSP 1110 


Smith 


12/16/97 






97 OSP 1225 


Mann 


02/1 1/98 






97 OSP 1237 


Phipps 


03/24/98 






97 OSP 1261 


Phipps 


02/04/98 






97 OSP 1275 


Chess 


03/05/98 






97 OSP 1276 


Smith 


12/02/97 






97 OSP 1294 


Chess 


01/14/98 






97 OSP 1320 


Chess 


03/05/98 






97 OSP 1321 


Becton 


12/31/97 






97 OSP 1401 


Becton 


12/19/97 







12:21 



NORTH CAROLINA REGISTER 



Mav 1, 1998 



1966 



CONTESTED CASE DECISIONS 



AGENCY 

Ronald Graham Moorc \. Department of Correction 

Donald Hargro\(; \. Department of Correction Emp- Relations Comm. 

William G Fisher \'. Don Peach-Hattie Pimpong. Dept- of Correction 

■Angela Meeks v. John Memers, D.A^R.T. Pasquotank 

Rolander Y. Grice, Sr. v. Dept. of Correction, Division of Prisons Section 

Crime Control and Public Safety 

Timothy M- Lassiter v. Crime Control & Public Safet)'. St. Huy Patrol 
Carroll E. Ward v. State Highway Patrol 

Employment Security Commission 

Broxie J. Nelson v. Emploi,7nent Secunty Commission 
Sandra T. Shearin v. Emplo>7ncnl Secunty Commission 
Man H Ranson v, Emplo\Tnent Security Commission 
Carrie F. Luther v. Emplo\Tnent Secunty Commission 
Frances P. Gray v. Emplo\Tnent Secunty Commission 

Environment. Health, and Satural Resources 
Yin-Pong G Chang v EHNR. Div. En\ ironmental Management 
Dowell Gray \'. Department of En\*ironment and Natural Resources 
and 
Onslow County Department of Health 
James Fred Swain v. Environment. Health, and Natural Resources 
James S Kanlor v. Environment, Health, and Natural Resources 

Health and Human Services 

Betty J, Souther v. New River .Area MHDD SA Program 

Kenneth B. Cooper v. Piedmont .Area Mental Health 

WiUie D. Parks v, Cheny Hospital. Department of Human Resources 

Robert Tilson Morley v. Department of Human Resources 

Glen Sutton \'. Cumberland Count) Department of Social Senices 

Brenda C, Burgess v. Dept of Human Resources (Broughton Hospital) 

Felicia .Ann Baker v. Lenoir County DSS. Jack B. Jones 

Sharron S. Moten v, Lenoir County DSS, Jack B. Jones 

Pamela Massey \'. Department of Human Resources 

Clifton Dean Hill w Department of Human Resources 

Bennie .Allen Suttle v Department of Human Resources 

Calvin E. Raiser v. Southeastern Mental Health Center 

Sandra Rilev v. Onslow Countv Department of Social Services 

X'ick)' .Angel Morgan v. Buncombe County Department of Social Services 

.Antoinette Leveille v. Onslow County Department of Social Services 

Rick .A Sanders v. Department of Health and Human Services 

Troy Gaines \-. Durham County Mental Health Department 

Edward Percell Eason v. Department of Human Resources 

Dale Dees v. Trend Community Mental Health Sen-ices 

Christine Potter \. Department of Human Resources 

Lisha Dawn B\Td ^. Human Resources (Western Carolina Center) 

Donna Lunsford v. Caswell County Public Health Department 

Charles F. Fields v. Department of Human Resources 

Shirlene R. Boone v. Hertford County Dept Social Sen ices. Jerome Brown 

Richard G. Steeves v. Scotland Countv Board of Health 

Harold Lee Batiste v. Department of Human Resources 

.Antonio .A .Archibeque \', Barbara D. Whitley, Dir. Stanly Countv DSS 

DHR. Deaf & Hard of Heanng CNCSD. Evonne Broadnax v DHR. 

Deaf & Hard of Heanng CNCSD 
Richard G. Steeves v. Scotland County Board of Health & Scotland Countv 
Julia R. Baker V. L'nion County Department of Social Senices 
Maiy E. Reed v. Department of Human Resources (Broughton Hospital) 
Katrena Denise Estes \ . Dept. of Health and Human S\cs,. Murdoch Ctr. 
Fred Foster. Jr. v. Department of Health and Human Senices 
Fred Foster. Jr. v. Department of Health and Human Senices 
Mehin Lee v. Department of Health and Human Senices 
Fred Foster. Jr. \'. Department of Health and Human Senices 
Fred Foster, Jr. v. Department of Health and Human Senices 
Fred Foster. Jr. v. Department of Health and Human Senices 
Fred Foster, Jr. \'. Department of Health and Human Senices 
Fred Foster. Jr. \- Department of Health and Human Senices 
Bennie .Allen v. Department of Health and Human Senices 
Fred Foster. Jr. v. Department of Health and Human Senices 
Fred Foster, Jr. v. Department of Health and Human Senices 
Tonya Carson v. Buncombe County Health Center 

Justice 

Elizabeth Rouse Mosle\ \, Department of Justice 



C.A.SE 




DATE OF 


PUBLISHED DECISION 


NTMBER 


AI.J 


DECISION 


REGISTER CITATION 


97 OSP 1453 


Phipps 


03/12-98 




98 OSP 0075 


Gray 


03 06 98 




98 OSP 0117 


Mann 


03 06 98 




98 OSP 0188 


Gray 


03.26,98 




98 OSP 0233 


Gray 


0414'98 




97 OSP 0423 


Phipps 


1029/97 




97 OSP 0750 


Mann 


0916,97 




96 OSP 0378 


Becton 


07 10 97 




97 OSP 0293 


Phipps 


01 0798 




97 OSP 0387 


Mann 


07 24 97 




97 OSP 0943 


Mann 


01,1298 




97 OSP 0948 


Smith 


01 13,98 




95 OSP 0937 


Reilly 


02 18 98 




97 OSP 0374*-" 


Gray 


120197 


12:13 NCR 1222 


96 OSP 0440 


Gray 


10,0297 


12;09NCR 851 


96 OSP 0633 


Smith 


09,30,97 


12:09 NCR 854 


94 OSP 0327 


Becton 


102097 




95 OSP 03 12 


Smith 


12 19 97 




96 OSP 0617 


Phipps 


09 10 97 




96 OSP 0969 


Gray 


08 21 97 




96 OSP 1296 


Gray 


07 17 97 




96 OSP 1485 


Phipps 


10 13 97 




96 OSP 1664 


Becton 


1205 97 




96 OSP 1665 


Becton 


120597 


12:13 NCR 1215 


96 OSP 1927 


Becton 


08 28 97 


12:06 NCR 497 


97 OSP 0007 


Phipps 


06 20 97 


12:02 NCR 107 


97 OSP 0069 


ReiUy 


09 30 97 




97 OSP 0073 


Grav 


08 08 97 




97 OSP 0217 


Reiily 


10 14 97 




97 OSP 0283 


Becton 


10 02 97 




97 OSP 0305 


Chess 


0130 98 




97 OSP 0307 


ReiUy 


10 16 97 




97 OSP 0347 


Mann 


08 05 97 




97 OSP 0363 


Gray 


08 15 97 




97 OSP 0402 


Mann 


1124 97 


12: 12 NCR 1087 


97 OSP 0481 


Gray 


03 23 98 




97 OSP 0491 


Momson 


08 28 97 




97 OSP 0500 


Gray 


03 13 98 




97 OSP 0531 


Reiily 


03 25 98 




97 OSP 0595 


Chess 


04 06 98 




97 OSP 0622*^ 


Phipps 


10.21 97 




97 OSP 0655 


Reiily 


03 3198 




97 OSP 0663 


Smith 


09 02 97 




97 OSP 0756 


Becton 


09 03 97 




97 OSP 0760*^ 


Phipps 


03 06 98 




97 OSP 0783 


Gray 


10 13 97 




97 OSP 0907 


Smith 


020598 




97 OSP 1168 


Moirison 


03 3 1 98 




97 OSP 1287*^' 


Smith 


03.19 98 




97 OSP 1653*^' 


Smith 


03 17 98 




97 OSP 1657 


Smith 


0218,98 




97 OSP 1699*-" 


Smith 


03 17 98 




97 OSP 1700*^' 


Smith 


03 19 98 




97 OSP 1701*^' 


Smith 


03 19 98 




97 OSP 1702*^' 


Smith 


03 17 98 




98 OSP 0040*^' 


Smith 


03 19 98 




98 OSP 0043 


Gray 


03 10 98 




98 OSP 0077*^' 


Smith 


03 17 98 




98 OSP 01 87*-" 


Smith 


03 19 98 




98 OSP 0251 


Smith 


04 16 98 




96 OSP 2008 


Morrison 


03 26 98 





1967 



NORTH CAROLINA REGISTER 



May 1, 1998 



12:21 



CONTESTED CASE DECISIONS 



AGENCY 

'MboT 

enny E. Leonhardt v. Department of Labor 

^blic Instruction 

"ranees Phillips Melctt v Department of Public Instruction 
Jowell Gray v. Department of Environment and Natural Resources 
and 
Onslow County Department of Health 

Transportation 

fommie R. Jones, Samuel W. Winstead. Timothy C. Sturges, Michael J. 

Boone, and Ronnie Batchelor v. Depl. of Transportation, Div. of Motor 

Vehicles, Enforcement Section 
lommie R. Jones^ Samuel W. Winstead, Timothy C. Stiu-ges, Michael J. 

Boone, and Ronnie Batchelor v. Dept. of Transportation, Div, of Motor 

Vehicles, Enforcement Section 
lommie R. Jones, Samuel W Winstead, Timothy C. Stiu-ges. Michael J. 

Boone, and Ronnie Batchelor v. Dept. of Transportation, Div. of Motor 

Vehicles, Enforcement Section 
Georgia B. Warren v. Dept. of Transportation, Div. of Motor Vehicles, 

Enforcement Section 
Tommie R. Jones, Samuel W. Winstead, Timothy C. Sturges, Michael J. 

Boone, and Ronnie Batchelor v. Dept. of Transportation, Div. of Motor 

Vehicles, Enforcement Section 
Tommie R. Jones, Samuel W. Winstead, Timothy C. Sturges, Michael J. 

Boone, and Ronnie Batchelor v Dept. of Transportation, Div. of Motor 

Vehicles, Enforcement Section 
Evia L. Jordan v. Dept. of Transportation, Division of Motor \*ehicles 
Wendell L. Webb v. Department of Transportation, Ferry Division 
Wendell L. Webb v. Department of Transportation, Ferry Division 
Daniel H. Spaulding \. Department of Transportation 
Frank A. Tice, HI v. Department of Transportation 
Carl H. Posey, Jr. v. Department of Transportation 
Roy J. Abbott V. Department of Transportation 
James French v. Department of Transportation 
Nita .Anderson V. Department of Transportation 

University of North Carolina 

Boyd S. Taylor v. NC Central T'niversity 

Gregorv' Lapicki v. East Carolina Uni\'ersity 

Diane Riggsbee-Raynor v. LTnIC at Chapel Hill 

Helen Mclntyre v. LTvIC-TV University of North Carolina 

Elaine P. Browne v. Winston-Salem State University 

Carol Glosson v. University of NC Hospitals at Chapel Hill 

Theresa Rogers v. University of NC Hospitals at Chapel Hill 

Ann O. Mcares v. NC State University 

Jesse Daniels v. East Carolina University 

Darrell J. Hampton v. NC Central University 

Clinton A. Browne v. NC A&T State University 

Kenneth L. Jarman \'. East Carolina University 

William A Covington v. NC A&T State University 

Beth W. Vinson v. Western Carolina University 

Viola Simmons v. L^'C- Wilmington 

Helen Mclntyre v. LHs'C-TA' University of North Carolina 

Johnny Johnson, Jr. v. A&T St. University. Student Union Grievance Bd. 

Helen McInt\Te v. L'NC-TV University of North Carolina 

S\-nthia Shaw v. U^NC at Chapel Hill School of Medicine 

E. Julius Carter v. UNC-Greensboro 

Kexin K. Kaffenberger v. University of North Carolina Chapel Hill 

Betty M. Burnett v. University of North Carolina Hospitals 

Cindy Hartzell v. N.C.S.U. Facilities Operations 

Edward L. Chatman v. LiNC Hospital Mamot 

Winifred Bird v. University of NC Hospitals at Chapel Hill 

William Gibbs v. University of NC Hospiuls at Chapel Hill 

Sharon McLawhom v. East Carolina University 

Donna M. VanHook v. University of NC Hospitals at Chapel Hill 

Tianyou Zheng v. University of NC at Chapel Hill 

James Mathis, Jr. v. University of NC Wilmington 

.Vlonzo Andrews, Jr. v. Fayetteville State University 

REVE>flE 

Arapahoe Charter Schools v. Department of Revenue 

SECRETARY OF STATE 



CASE 
>aJMBER 



ALJ 



97 OS? 1088 Chess 



95 OSP 0907 Trawick 

97 OSP 0374*'' Gray 



DATE OF 
DECISION 



03/05/98 



06/09/97 
12/01/97 



PUBLISHED DECISION 
REGISTER CITATION 



12:13 NCR 1222 



96 OSP 078 1»" 


Phipps 


11/13/97 


12:11 NCR 


979 


96 OSP 0782*" 


Phipps 


11/13/97 


12:11 NCR 


979 


96 OSP 0783'"' 


Phipps 


1 1/13/97 


12:11 NCR 


979 


96 OSP 0784*" 


Phipps 


11/13/97 


12:11 NCR 


979 


96 OSP 0785*" 


Phipps 


11/13/97 


12:11 NCR 


979 


96 OSP 0786*" 


Phipps 


11/13/97 


12:11 NCR 


979 


96 OSP 0980 


Phipps 


04/07/98 






96 OSP 1710*--' 


Phipps 


10/31/97 






97 OSP 0198*" 


Phipps 


10/31/97 






97 OSP 0221 


Becton 


02/26/98 


12:18 NCR 


1742 


97 OSP 0380 


Mann 


09/05/97 






97 OSP 0486 


Gray 


03/04/98 






97 OSP 0697 


Morrison 


12'05/97 






97 OSP 1252 


Smith 


12/16/97 






97 OSP 1515 


Phipps 


03/09/98 






94 OSP 0363 


Chess 


09/12/97 






94 OSP 1721 


Reillv 


02/11/98 






96 OSP 0326 


Chess 


06/04/97 


12:01 NCR 


39 


96 OSP 0822 


Gray 


09/26/97 






96 OSP 1007 


Reiily 


09/24/97 






96 OSP 1015 


Becton 


10/08/97 






96 OSP 1065 


Morrison 


10/23/97 






96 OSP 1870 


Chess 


09/22/97 






97 OSP 0123 


Morrison 


01/13/98 






97 OSP 0155 


Mann 


08/1 1/97 






97 OSP 0199 


Phipps 


09/18/97 






97 OSP 0249 


Gray 


09/26/97 






97 OSP 0686 


Becton 


08/29/97 






97 OSP 0762 


Phipps 


10/10/97 






97 OSP 0859 


Gray 


11/18/97 






97 OSP 0991 


Gray 


09/26/97 






97 OSP 1060 


Phipps 


03/17/98 






97 OSP 1148 


Gray 


10/16/97 






97 OSP 1171 


Morrison 


03/11/98 






97 OSP 1202 


Phipps 


1 1/05/97 






97 OSP 1249 


Mann 


02/13/98 






97 OSP 1272 


Phipps 


02/26/98 






97 OSP 1299 


Phipps 


02/13/98 






97 OSP 1384 


Phipps 


01/20/98 






97 OSP 1413 


Phipps 


01/12/98 






97 OSP 1559 


Gray 


03/06/98 






97 OSP 1560 


Phipps 


02/05/98 






97 OSP 1581 


Gray 


04/01/98 






97 OSP 1675 


Phipps 


04/03/98 


12:21 NCR 


1970 


97 OSP 1690 


Chess 


03/26/98 






98 OSP 0151 


Phipps 


03/27/98 






97 REV 1696 


Reiily 


03/27/98 







12:21 



NORTH CAROLINA REGISTER 



May 1, 1998 



1968 



CONTESTED CASE DECISIONS 



AGENCY 

Greenway Capital Corp. & Stacey Lee Da\is \ . Securities Di\ . Secy State 
Teresa M. Coltrain v Secretary of State 

STATE TREASlTiER 

Shelby H. Underwood, etal. \. Tnistees Teachers. St. Emp Ret. Sys. 
Richard .AJbert Jose \ State Treasurer Retirement Systems Div, 
.\nnie Thamngton Hamneton \ Trustees Teachers. St, Emp Ret, Sys, 
Linda Gail Swaim \, Dept. of State Treasurer. Retirement System Div. 
and 
Lisa Jenkins 



CASE 




DATE OF 


PUBLISHED DECISION 


.NTMBER 


ALJ 


DECISION 


REGISTER CITATION 


94 SOS 0097 


Gray 


1028/97 




97 SOS 0499 


Reilly 


10 2297 


12:10 NCR 914 


96 DST 0390 


Reillv 


08 05 97 




97DST0281 


Reillv 


100297 




97 DST 0866 


Mann 


01 15 98 


12:15 NCR 1468 


97 DST 1373 


Smith 


03,23 98 


12:20 NCR 1865 



TRANSPORTATION 

Audrey W, Harris v, Transportalioru Manson ^^'heat Contr.. & Wake Elec 
Terrance E, McEnalh. HI v. Division of Motor \'ehicles 

UNIV-ERSITY OF NORTH CAROLINA 
Clinton S. Rogers v. L'XC-Chapel Hill 



97 DOT 0566 


Gray 


07 28 96 




98 DOT 0445 


Morrison 


04/ 16; 98 


12:21 NCR 1975 


97l.'XC 1062 


Beclon 


10 31 97 





1969 



NORTH CAROLINA REGISTER 



Mav 1, 1998 



12:21 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF ORANGE 



IN THE OFFICE OF 
ADMINISTRATIVE HEARINGS 

97 OSP 1675 



riAN\ OU ZHENG, 

Petitioner, 



THE UNIVERSITY OF NORTH CAROLINA AT 
CHAPEL HILL, 

Respondent. 



RECOMMENDED DECISION 

IN THE NATURE OF 

SUMMARY JUDGMENT 



) 



THIS MATTER came to be heard upon consideration of the Respondent UNC-Chapel Hill's (UNC-CH) motion to dismiss 
the petition for a contested case hearing pursuant to G.S. §1A-1. N.C. R. Civ. P. 12(b)(1), 12(b)(2), and 12(b)(6), for lack of 
jurisdiction and for failure to state a claim for which relief can be granted. Petitioner timely filed a response. After reviewing the 
motion, the response, the pleadings and the law, the undersigned concludes as a matter of law that the Motion to Dismiss must be 
converted to a Motion for Summary' Judgment pursuant to G.S. §1A-1, N.C. R. Civ. P. 12(b) and Rule 56. 

FACTUAL BACKGROUND 

1. UNC-CH employed the petitioner, Tianyou Zheng, as a Research Technician II in its School of Medicine's 
Comprehensi\e Cancer Center on or about No\ember 1. 1996. Petitioner is a Chinese citizen who came to the United States in 1991 
on a student (F-1) \isa. Locke Aif., f 4 When Petitioner ceased being a student and obtained employment at UNC-CH in 1996, he 
was in this countn,' on F-1 (student) optional practical training status which he was eligible to retain for up to twelve months after 
completing his course work. To remain in the United States beyond that period his employer had to successfully petition the 
Immigration and Naturalization Senice (INS) for a change in his status to H-IB (temporary- worker). Locke Aff., ^5 Dr. Robert 
J. Locke. Director of the International Center at UNC-CH, assisted Petitioner's departmental employer in filing the appropriate 
petition and securing the H-IB status for PetiUoner. Locke Aff., •'6; Charest Aff., f 4 

2. Approval for H-IB \isa status is valid only for the specific employer and specific job duties that are listed in the 
petition. Locke Aff., •: 5 The employee can only remain m the United States as long as he is employed by that same employer in 
a job performing substantially the same duties as those are specified in the petition. If the holder leaves the job for which the status 
\\as appro\ed for another job with duties that are not substantialh' the same as those specified, he and his emplo>er must petition for 
a new H-IB status. The petitiomng process generally takes many months. Locke Aff., f 6 If the employee leaves the job for which 
the H-IB status was issued without having secured other qualiiSing employment, he must leave the United States within, at most, ten 
davs Locke Aff., f 7 

3. Petitioner experienced problems in his job situation and was issued two written warnings by his super\isor. Dr. 
William Cance. Pefitioner grieved these warnings through the UNC-CH Dispute Resoludon and Staff Grievance Procedure. On 
September 5, 1997. Dr. Cance notified Petitioner that he was being placed on investigator,- status with pay for 30 days to permit 
investigation of allegations that Petitioner had communicated threats to persons in the workplace. Totten Aff., Exhibit 1 

4. An investigation was conducted by Ann Edwards of the School of Medicines Human Resources, who made a 
verbal recommendation for disciplinary- action to Dr. Cance. Totten Aff., *"4 Because Petitioner had meanwhile requested mediation 
to attempt to resoh e the situation, Ms. Edwards" recommendation for disciplinan- action was not implemented at the end of the 
investigatoiy- penod October 5, 1997. Totten Aff., f4 As Petitioner had requested. Petitioner and Dr. Cance began mediation 
discussions with Joseph L. Totten. Director of the Universirv's Human Resources Counseling Service, serving as mediator. Totten 
Aff., 1i«j3-5 

5. Throughout the mediation with Dr. Cance. Petitioner was ad\-ised by his attorney. Alan McSurely. Totten Aff., 
*"5 The mediation negotiations continued for appro>dmateh- X\\o months, dunng which time Petitioner remained on full pay with the 
exception of die penod fi-om September 12, 1997 through September 30. 1997. Charest Aff., &9; Totten Aff.,«j 5 UNC-CH was 
required to remove Petitioner from the payroll during that period because his F-1 work permission had expired September 14, 1997 
and his H-IB visa status was not effective until October 1. 1997. Locke Aff., «'9; Charest Aff., ^9 As of October 1, 1997. 
Petitioner was reinstated to full pay status. Charest Aff., *;9 



12:21 



NORTH CAROLINA REGISTER 



May 1, 1998 



1970 



CONTESTED CASE DECISIONS 



6. Pelilioner was ne\er suspended or laid ofF without pay at any time duiing his employment, and has ne\er suffered 
loss of pay resulting from any disciplinary action Charest Aff., *'*'8. 11 

7. Dr. Locke worked closely witli Petitioner throughout the process of securing his H-IB status. Dr. Locke advised 
Petitioner of the requirements for retaining H-IB status, including the pro\ision that permitted Petitioner to remain in the United States 
only if he was working for the same employer in a job requiring substantially the same duties as those of his specific work with the 
Comprehensi\e Cancer Center as specified in the H-IB petition. Locke Aff., •'•'6-8 

8. The mediation resulted in a settlement agreement (.Agreement) of November .i. 1997 reached betsveen and signed 
by Petitioner, with adMce of counsel, imd Dr. Cance. Totten Aff.. • •'6-7 and Exhibit 3 By the terms of the .Agreement. Petitioner 
agreed to withdraw his grie\ances and to resign his employment with the Comprehensne Cancer Center on October 31. 1997. 
effecli\'e as of December 31. 1997. remaining on paid stams tluough exhaustion of unused lea\e until December 1. 1997. Dr. Cance 
agreed, among other tlungs. to remo\e the written warnings from Petitioner's personnel file, re\ise Petitioner's WTPR rating, and 
pro\"ide Petitioner a neutral job reference. 

9. UNC-CH agreed to assist Petitioner "through its established resources" with his efforts to find other employment 
at UNC-CH and to assist him with associated "'\isa-related issues." Totten .A.ff.. Exhibit 3, & 10 No representations were made 
to Petitioner that the Uni\ersit>' would assure him a job or continued H-IB status, only that he would be assisted through normal 
mechanisms a^"allable to any other applicant for an internal position. Totten Aff., ^"9 

10. Petitioner and his attorney re\iewed the .Agreement as drafted by Mr. Totten. and made a few re\ isions which they 
initialed. Totten .Aff., •'6 and Exhibit 3 Petitioner's attorney informed Mr. Totten in wnting that Petitioner agreed to the terms 
of the .Agreement as re\ised. Totten .Aff., Exhibit 2 

11. Petitioner submitted his \oluntan" resignation by letter of No\'ember 3. 1997. Charest Aff., Exhibit 1 - 

12. The Agreement was appro\ed b\ the Office of State Personnel. Totten Aff., •'7 and Exhibit 3 

13. .As of December 30. 1997. the Universit> "s Employment Department had referred Petitioner's application for 65 
rese;irch-related positions within L'N'C-CH wluch appeared to satisf>" tlie reqmrements for retaining Petitioner's H-IB status. Charest 
Aff.,«^7 

14. Howe\'er. Petitioner's H-IB stams expired as of December 31. 1997. the effective date of his resignation, because 
as of that date he had not secured other employment of the t>pe permitted by his H-IB petition. .As a result. Petitioner must by 
requirement of law lea\e the United States until such time as he can obtain a new H-IB status for whate\er future emplo\ment he 
might secure in this countrw Locke .Aff.. •"? 

1 5 . When Petitioner decided to \oltmtarily terminate his emplo\"nient at the Comprehensi\ e Cancer Center, he was fiilly 
informed of the effect that resignation would ha^"e on his H-IB status ;md his abilit>' to remain in the United States. Locke .Aff., •'6-8 
Petitioner was informed that if he had not secured qualLfSing emplo> ment by December 31. 1997. U"NC-CH would be without power 
to continue his H-IB status or pre\ent his ha\'ing to lea\e the United States. Locke .Aff., •"!() 

16. Petitioner's participation in the mediation process and his consent to the terms of the .Agreement were fully 
\oluntaiy and with assistance of counsel throughout. He was free to discontinue the mediation process at any time, or to refuse to 
enter into the Agreement Totten Aff., •'10 

17. Petitioner now attempts to appeal to the State Personnel Commission his voluntar.' resignation, which he calls a 
""discharge without just cause" and a "termination." and also appeals a "suspension without just cause." "layoff." and "'failure to 
recene pnont]. consideration" and "demal of employment, promotion, training, and transfer." Petitioner claims that he was "forced 
to sign an agreement without just cause" and that "officials in UNC-CH failed to take effectixe measures to pre\ent the cnsis" 
(presumably his deportation). Petition. 

CONCLUSIONS OF LAW 



Petitioner's Discharge and Termination Claims 



1971 NORTH CAROLINA REGISTER Max L 1998 12:21 



CONTESTED CASE DECISIONS 



1 . A state employee may file a contested case petition with the OAH and thereby pursue an appeal about any matter 
over which the State Persormel Commission has original subject matter jurisdiction. However, because the OAH s jurisdiction over 
appeals by employees is derivative from the Commission's jurisdiction, the OAH does not have subject matter jurisdiction to hear 
matters for which an appeal to the Commission is not specifically authorized in Chapter 126. 

2. The right to appeal to an administrative agency is granted by statute, and compliance with statutory' provisions is 
necessary to sustain the appeal. Lewis v N.C. Dept. of Human Resources. 92 N.C. App 737, 739, 375 S.E.2d 712 (1989). In Batten 

N.C.Dept. of Correction, 326 N.C. 338, 389 S.E.2d 35 (1990), overruled on other grounds. Empire Power Co. v. N.C. Dept. of 



Em-ironment, Health & Namral Resources, 337 N.C. 569, 447 S.E.2d 168 (1994), the North Carolina Supreme Court held that "[t]he 



question of whether Petitioner's appeal was a 'contested case' arising under the State Personnel Act turns upon whether [she] has stated 
groimds recognized in that Act as meriting administrative review and appeal." 326 N.C. at 345 (emphasis added). 

3. Any claim of Petitioner that he suffered "discharge" or "termination" from his employment without just cause is 
barred. Even if Petitioner actually had been discharged or terminated, he could not appeal the action to the State Personnel 
Commission because he failed to exhaust lus employers grievance procedure, as required by G. S. §§126-34 and 126-37(a) in order 
for OAH to have jurisdiction over his appeal. 

4. As Respondent's affidavits and the Agreement indisputably establish, however. Petitioner \oluntarily and with the 
advice of coimsel resigned his employment . Accordingly, he is estopped from asserting that he was involuntarily discharged or 
terminated on anx ground, including alleged unlawful discrimination or retaliation. 

5. Moreover, any attempt of Petitioner to "appeal" his resignation or the settlement agreement itself, on the basis of 
either just cause or discrimination/retaliation, is barred on at least two statutory grounds. 

6. First appeal of a resignation, or a settlement agreement, is not specifically authorized by G.S. §126-34. 1, or any 
other provision of the State Personnel Act, and therefore cannot be grounds for a contested case under Chapter 126. G.S. §126- 
34.1(e) (emphasis added). 

7. Second. e\en if Petitioner could have appealed the settlement agreement containing his agreement to resign, the 
attempted appeal must be dismissed for failure to comply with the thirt>-day mandatory limitations period prescribed by G.S. §126-38. 
Petitioner signed the Agreement on No\ember 3. 1997. but did not file the present petition until December 22, 1997 — almost two 
months later. Therefore, e\en if the attempted appeal were substantiyely \iable, the claim must be dismissed as untimeh'. See, e.g .. 
Knight \. Di\ision of Medical Assistance, Department of Human Resources, - N.C. App. ~ (No. CO A97-291, filed October 7, 1997) 



(dismissal is proper where petitioner failed to comply with statuton,' deadline for timely filing of his petition); Gummels v^ North 
Carolina Dept. of Human Resources, 98 N.C. App. 675, 392 S.E.2d 113 (1990) (supporting mandators' dismissal of untimely appeals); 



Lewis v North Carolina Dept. of Human Resources. 92 N.C. App. 737, 375 S.E.2d713 (1989) (upholding dismissal of employee's 



appeal on grounds it was filed one day after the statutory deadline). 
II. Petitioner's Suspension and Layoff Claims 

8. Laurie T Charest, Vice Chancellor for Human Resources, confirms that at no time during Petitioner's employment 
with UNC-CH was he suspended or laid off without pay. Charesi Aff., •^S Petitioner was placed on 30-day investigatory status with 
pay - which is not a disciplinary action under the University's staff employee disciplinaiy policy - as of September 5, 1997. Charest 
Aff., & 8; Totten Aff., & 3 During that 30-day period he was in full pay status except for the period September 12, 1997 through 
September 30, 1997, when his F-1 work permission had expired and his H-IB visa was not yet effective. Charest Aff., 1;9; Locke 
Aff., *i9 UNC-CH was required bv law to remove him from the payroll when he had no effective work permission. Locke Aff., 
^9 

9. Even if it could be foimd that Petitioner had been from September 5, 1997 to October 5, 1997 or laid off without 
pay during the period from September 12, 1997 through September 30, 1997, his attempt to appeal such action on any ground must 
be dismissed for failure to file tlie petition within thirty' days of notice of the alleged suspension or layoff. Petitioner knew that he was 
being placed on investigator,' status as of September 5, 1997, and certainly knew that he was off the payroll for two weeks no later 
than September 30, 1997. Yet he did not file his petition until December 22, 1997. 

10. Moreover, the period from September 5 to September 12, during which Petitioner was on full pay, could not be 
appealed, because the State Personnel Act provides that only suspensions without pay may be appealed on just cause grounds. G.S. 
§126-34. Ha). 



12:21 NORTH CAROLINA REGISTER May 1, 1998 1972 



CONTESTED CASE DECISIONS 



11, As to the penod of lea\e without pay from December 1. 1997 to December 31. 1997, Petitioner is estopped from| 

claiming a suspension or layoff. As of December 1. Petitioner had exhausted all paid lea\e he had accrued. Charest Aff., *!10 
Therefore, in the mediation negotiations, as an accommodation to allow Petitioner more time to seek other employment, UNC-CHl 
agreed to allow liim to remain on unpaid lea\e status through December 31. 1997. Charest .Aff., *'10; Totten Aff., Exhibit 3, *^4| 
As discussed and as is ob\ lous from the .Agreement itself. Petitioner agreed to this arrangement which was for his benefit. 

12 Therefore, these claims, whether based on just cause or alleged discrimination/retaliation, must be dismissed. G.S. 

§126-34. 1(e). 

in. Petitioner's Remaining Claims 

13. Between the date of the Agreement and December 22, 1997 (the date of filing the present petition). Petitioner's 
application was referred for 3 Research Technician I. 7 Research Technician 11. 13 Research Technician III. 8 Lab Technician or Lab 
Research Specialist, and 3 Research Anahst positions. Charest Aff., E.\hibit 2 

14. To the extent Petitioner claims denial of promotion or transfer or failure to recei\e priorm consideration with 
respect to any applications he made prior to the .Agreement and for w hich he had notice of his nonselection before No\ember 22. 
1997. those claims are untimely under G.S. §126-38. As to the remainder of Petitioner's applications, there is no allegation with 
respect to am' specific promotion or transfer which Petitioner claims to ha\e lost in fa\or of a non-State employee or member of some 
"non-protected" group ha\ing allegedly infenor qualifications for that position. 

15. .Accordingh". all of the Petitioner's claims are subject to dismissal on jurisdictional grounds. 

16. Because Petitioner's appall has not been specifically authorized by G.S. §126-34.1. his appeal may not be grounds 
for a contested case under Chapter 126 and the petition must be dismissed. G.S. §126-34. 1(e). 

1 7. It is well established that State agencies may not be sued unless so\ereign immunity has been waived. Guthrie v 
State Ports Autho^t^-■ 307 N.C. 522. 534. 229 S.E.2d618 (1983). In enacting Chapter 126. the General .Assembly waived the State's 
so\"ereign immunit}' to suit by State employees; however, this waiver is limited to those grounds for appeal specifically permitted by 
Chapte'r 126. Harding v, N.C. Dept. of Correction. 334 N.C. 414. 432 SE, 2d 298 (1993). 

18. Waiver of so\ereign immunit)" may not be lightly inferred, and State statutes waning this immunity, being in 
derogation of the so\ereign right to immunit>'. must be stnctly construed. Guthne v_ State Ports .Authonrs . 307 N.C. at 53 7-38. Since 
the legislature has wai\ed UNC-CH's so\ereign immunity from suit by its employees in administrati\e actions only to the extent 
permitted by Chapter 126. assumption of O.AH jurisdiction o\er this petition, which as shown herein alleges no claim cognizable 
imder Chapter 126, would \'iolate LTMC-CH's so\ereign immunity and is therefore barred. 

Therefore, based upon the foregoing application of the law to the pleadings and exhibits filed in this contested case petition, 
the undersigned makes the following: 

RECOMMENDED DECISION 

IT IS, THEREFORE, recommended that summar.' judgment under G.S. §1A-1, N.C. R. Civ.P. Rule 56 [applicable to 
contested cases tmder 26 NC.AC 3.0101(1)]. be entered in fa\or of Respondent because there is no genuine issue as to any material 
fact and. as a matter of law. the Petitioner is not entitled to relief and the petition should be dismissed. 

ORDER 

It is hereb}- ordered that the agenq. sers e a cop}' of the final decision on the Office of AdministraU\e Hearings, PO Drawer 
27447, Raleigh, NC 27611-7447, in accordance with G.S. §150B-36(b). 

NOTICE 

The final decision in this contested case shall be made b\ the State Personnel Commission. Each party shall ha\'e the right 
to file exceptions to the recommended decision ;md to present written arguments on the decision to the Commission. The Commission 
is required by G.S. §150B-36(b) to ser%'e a copy of the final decision upon each pady personally or b\' certified mail and to furnish 
a copy to each attorney of record and the Office of .Administratue Hearings. 



1973 NORTH CAROLINA REGISTER May 1, 1998 12:21 



I 



CONTESTED CASE DECISIONS 



This the 3'" dayofApnl. 1998. 



Meg Scott Phipps 
Administrative Law Judge 



12:21 NORTH CAROLINA REGISTER May 1, 1998 1974 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

98 DOT 0445 



TERRANCE E. MCENALLYH, UI 

Petitioner, 



N.C. DIVISION OF MOTOR VEHICLES, 
Re!«ponclent. 



FINAL DECISION 

DISMISSAL FOR LACK OF SUBJECT MATTER 

JURISDICTION 



) 



This cause was heard by the undersigned Senior Administrati\e Law Judge in Raleigh, North Carolina on April 3, 1998, on 
a petition of the Petitioner for a tcmporan restraining order against Respondent. 



APPEAR.\NCES 



Petitioner: 



Terrance E. McEnally. Ill 
5 West Hargett Street. # 704 
Raleigh, NC 27601 
Pro Se 



Respondent: C. Norman Young. Jr. 

Assistant Attorney General 
N.C. Department of Justice 
Post Office Box 629 
Raleigh. North Carolina 27602 

Jeffrey R. Edwards 
Associate Attorney General 
N.C. Department of Justice 
Post Office Bo.x 629 
Raleigh. North Carolina 27602 

Upon consideration of Uie filings and arguments of counsel, the Court determines that Petitioner's petition for a temporan 
restraining order should be denied, and tlie Court detennines on its own motion llial tlie underhing Petition For Contested Case should 
be dismissed as a matter of law. In support thereof, the Court makes the following: 

FINDINGS OF FACT 

1. Petitioner filed his petition in this contested case on .April 2. 1998. Petitioner alleged that he had been unlawfully denied 
access to accident records maintained by Respondent due to Respondent's unlawful implementation of G.S. §20-43. 1 by failing to 
comply with the rule making provisions of Chapter 1508. 

2. Petitioner is an attorney in pnvate practice who specializes in personal injur> cases arising from automobile accidents For 
o\er two years he has re\iewed accident reports submitted to the Respondent for the purpose of de\eloping mailing lists to solicit 
potential clients. 

3. On March 24, 1997. Petitioner was notified by Respondent that he would no longer be allowed to search these reports. This 
action was t;iken by Respondent on the ad\ ice of the Attorney General Thereafter. Petitioner filed the Petition for Contested Case 
which IS the subject of this action. ;md sought a temporan.' injunction enjoining Respondent from denying him access to these reports, 

4. In October. 1994. Congress enacted the Driver Privacy Protection .'^ct (18 USC §2721 ei seq.}. This Act was adopted by 
reference by our Legislature in 1997 and codified as G.S. §20-43. 1 

5. Petitioner contends that respondent \-iolated State law in the implementafionof G.S. §20-42 1. in that it interpreted the statute 
to determine that the personal information on the accident reports were protected by the DP. P. .A.. He contends that in so doing. 



1975 



NORTH CAROLINA REGISTER 



May 1, 1998 



12:21 



CONTESTED CASE DECISIONS 



Respondent engaged in rule making as defined by G.S. §150B-2(8a). 

6. The jurisdiction of OAH to hear contested cases is set forth in Chapter 150B of the North Carolina General Statutes. 
Specifically, jurisdiction to hear contested cases arising out of the Department of Transportation is limited by G.S. §150B- 1(e)(8), 
which e.xempts the Department from the contested case provisions of this Chapter except as provided in G.S. §136-29. 

7. Petitioner contends that this Court has jurisdiction over Respondent because Respondent is a separate and distinct agency 
from the Department of Transportation. 

8. The imdersigned received no e\idence on, and makes no findings regarding, the merits of Petitioner's fundamental claim. 
Based on the foregoing Findings of Fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1. The subject matter jurisdiction of OAH to hear contested cases between aggrieved persons and an agency is specifically 
delineated in G.S. §150B-1. Under this statute, OAH lacks subject matter jurisdiction to hear a contested case of this nature arising 
out of a dispute with the Department of Transportation, since it is not pursuant to G.S. §136-29. 

2. Contrar.' to Petitioner's assertion, the Court concludes as a matter of law that the respondent agency is a sub-unit of the 
Department of Transportation, and that subject matter jurisdiction does not exist to hear Petitioner's contested case. The Court further 
concludes that it has no jurisdiction o\ er the entry of a restraining order. 

FINAL DECISION 

Petitioner's Petition for Contested Case is dismissed due to lack of subject matter jurisdiction, and his petition for temporary 
restraining order is denied. 

This is a Final Decision under the authority of G.S. § 150B-36(c). 

NOTICE 

In order to appeal a Final Decision, a person seeking review must file a petition in the Superior Court of Wake County, or 
in the Superior Court of the count>' where the person resides. The petition for Judicial Review must be filed within thirty (30) days 
after the person is ser\ed with a copy of the Final Decision. G.S. § 1 50B-46 describes the contents of the Petition and requires ser\ ice 
of the Petition on all parties. 

This the 16* day of April, 1998. 



Fred G. Morrison Jr. 

Senior Administrative Law Judge 



12:21 NORTH CAROLINA REGISTER Mav 1, 1998 1976 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



1 he North Carohna Administrative Code (NCAC) has Jour major subdivisions ofndes. Two of these, titles and 
chapters, are mandatory: TJie major subdivision of the NCAC is the title. Each major department in the North 
Carolina executive branch of government has been assigned a title number. Titles are further broken down into 
chapters which shall be numerical in order. The other two. subchapters and sections are optional subdivisions to 
he used by a<iencies when appropriate 



TITLE 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


T 


Agriculture 


Architecture 


-1 


3 


Auditor 


Athletic Trainer Examiners 


3 


4 


Commerce 


Auctioneers 


4 


5 


Correction 


Barber Examiners 


6 


6 


Council ot" State 


Certified Public Accountant Examiners 


8 


7 


Cultural Resources 


Chiropractic Examiners 


10 


8 


Elections 


Employee Assistance Professionals 


11 


9 


Governor 


General Contractors 


12 


10 


Health and Human Services 


Cosmetic Art Examiners 


14 


11 


Insurance 


Dental Examiners 


16 


12 


Justice 


Dietetics Nutntion 


17 


13 


Labor 


Electncal Contractors 


18 


14A 


Cnme Control & Public SaletN' 


ElectroKsis 


19 


15A 


En\ironment and Natural 


Foresters 


20 




Resources 


Geologists 


21 


16 


Public Education 


Heanng Aid Dealers and Fitters 


-)-> 


17 


Revenue 


Landscape Architects 


26 


18 


Secretan,' of State 


Landscape Contractors 


28 


19A 


Transportation 


Mantal and Family Therapy 


31 


20 


Treasurer 


Medical Examiners 


32 


*21 


Occupational Licensing Boards 


Midwiter, Joint Committee 


33 


->■"! 


Administratn e Procedures 


Mortuap,' Science 


34 


~i '^ 


Communitv Colleges 


Nursing 


36 


24 


Independent Agencies 


Nursing Home Administrators 


37 


25 


State Personnel 


Occupational Therapists 


38 


26 


Administrati\e Hearings 


Opticians 


40 


27 


NC State Bar 


Optometr\- 


42 






Osteopathic Examination & Reg, fRepealed) 


44 






Pastoral Counselors. Fee-Based Practicing 


45 






Pharmac\ 


46 






Physical Therap>' Examiners 


48 






Plumbing. Heating & Fire Spnnkler Contractors 


50 






Podiatn Examiners 


52 






Professional Counselors 


53 






Psychology Board 


54 


1 




Professional Engineers & Land Sur\eyors 


56 


1 




Real Estate Appraisal Board 


57 


1 




Real Estate Commission 


58 


1 




Refngeration Examiners 


60 


1 




Sanitanan Examiners 


62 


1 




Social Work Certification 


63 


1 




Soil Scientists 


69 


1 




Speech & Language Pathologists & Audiologists 


64 


1 




Substance Abuse Professionals 


68 


1 




Therapeutic Recreation Certification 


65 


1 




Vetennar\ Medical Board 


66 



Note: Title 21 contains the chapters of the \anous occupational licensing boards. 



1977 



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Mav 1, 1998 



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BARCLAYS OFFICIAL NORTH CAROL 


INA ADMINISTRATIVE CODE - 


1997 






ANNUAL 




DESCRIPTION 


CODE 


SUBSCRIPTION PRICE 




Tirie 1 - Dept. of Administrarion - Complete Titie 


201 00 001 


$90.00 




Division of Purchase & Contract 


201 10 051 


$30.00 




Federal Block Grant Funds 


201 10331 


S25.00 




Tirie 2 - Dept of Agriculture - Complete Tide 


202 00 001 


$140.00 




Food & Drug Protection Division 


202 15 091 


$35.00 




Structural Pest Control Committee 


202 15 341 


$30.00 




Agricultural Markets 


202 15 431 


$30.00 




Plant Industry 


202 15 481 


$30.00 




Animal Industry 


202 15 521 


$30.00 




Tirie 3 - Dept. of State Auditor - Complete Tirie 


203 00 001 


$25.00 




Tirie 4 - Dept. of Commerce - Complete Tirie 


204 00 001 


$125.00 




Alcoholic Beverage Control Commission 


204 15 021 


$45.00 




Banking Commission 


204 15 031 


$45.00 




Credit Union Division 


204 15 061 


$25.00 




Savings & Loan Division 


204 15 091 


$25.00 




Industrial Commission/Workers Compensation 


204 15 101 


$30.00 




Savings Institutions Division 


204 15 161 


$35.00 




Tirie 5 - Dept. of Corrections - Complete Tirie 


205 00 001 


$70.00 




Division of Prisons 


205 15 021 


$35.00 




Tirie 6 - Council of State - Complete Tirie 


206 00 001 


$30.00 




Tirie 7 - Dept. of Cultural Resources - Complete Tirie 


207 00 001 


$60.00 




Tirie 8 - State Board of Elections - Complete Tirie 


208 00 001 


$30.00 




Tirie 9 - Offices of tfie Governor & Lt. Governor - Complete Tirie 


209 00 001 


$45.00 




Tirie 10 - Dept. of Human Resources - Complete Tirie 


21000 001 


$470.00 




Licensing of Health Facilities 


210 20 101 


$95.00 




Detention Facilities 


210 20 201 


S40.00 




Mental Health & Rehabilitation Services 


210 20 301 


$110.00 




Social Services 


210 20 401 


$185.00 




Children Services/Day Care 


210 20411 


$55-00 




Services for the Aging 


210 20421 


$45.00 




Services for the Blind 


210 20 431 


$40.00 




Services for the Deaf & Hard of Hearing 


210 20 441 


$25.00 




Employment Opportunities 


210 20451 


$45.00 




Tirie 1 1 ■ Dept. of Insurance - Complete Tirie 


21100 001 


$90.00 




Insurance 


211 10011 


$80.00 




Consumer Services 


211 10041 


$30.00 




Fire & Rescue Services 


211 10051 


$25.00 




Agent Services 


211 10061 


$35.00 




Engineering & Building Codes 


211 10081 


$30.00 




Tirie 12 - Dept. of Justice - Complete Tirie 


21200 001 


$90.00 




Private Protective Services 


212 10071 


$30,00 




Police & Sheriff's Education & Training Standards 


212 10091 


$40.00 




NC Alarm Systems Licensing Board 


212 10 111 


$30.00 




Tirie 1 3 - Dept. of Labor - Complete Tirie 


21300 001 


$110.00 




Mine & Quarry Sjfetv 


213 15061 


$25.00 




General Safety/OSHA 


213 20 001 


$70.00 




Wage & Hour Rules 


213 15 121 


$25.00 




Boiler & Pressure Vessel Safetv 


213 15 131 


$25.00 




Apprenticeship & Training 


;i3 15 141 


$25.00 




Elevator & Amusement Device Safetv 


:i3 15 151 


$25,00 




Trie 14A - Dept. of Crime Control & Public Safety - Complete Trie 


21400001 . 


$45.00 




ALohol Law Enforcement 


21400 081 


$25.00 




Victims Compensation Fund 


21400 111 


$25.00 




Trie ISA - Dept. of Environ., Heolrfi, & Nat. Resources - Complete Trie 


21500 001 


$395.00 




Environmental .Management 


215 15 001 


$16500 




Air Qualiiv 


215 15 101 


$90 00 




\\'jter Qualitv 


215 15 201 


$85.00 




Land & Waste Management 


215 15 301 


$85 00 




Solid Waste .Man.igemeni 


215 15 311 


$50.00 





DESCRIPTION 



CODE 



ANNUAL 
SUBSCRIPTION PRICE 



Underground Storage Tanks 

Coastal Management, Fishing & Boating 

Environmental Health 

Radiation/Nuclear Waste 

Sanitation 

Public Health 

Intoxilizer & Breathalizer 

Tirie 16 - Depf. of Public Instruction - Complete Tide 

Elementar>- 3< Secondary Education 

Tltie 1 7 - Department of Revenue - Complete Title 

Taxes on Indniduais 
Taxes on Business 
Sales & Use Tax Division 
Motor Fuels Tax Division 

Title 1 8 - Secretary of State - CompleteTitle 

Securities Dr. isicn 

Tltie 1 9A - Dept. of Transportation - Complete Titie 
Division of Highways 
Division of Motor N'ehicles 

Title 20 - Dept. of tfie State Treasurer ■ Complete Titie 

Title 21 - Occupational Licensing Boards • Complete Title 

Title 22 - Administrative Procedures - Repealed 

Title 23 - Community Colleges - Complete Title 

Title 24 - Independent Agencies - Complete Titie 

Tltie 25 - Office of State Personnel - CompleteTitie 

Titie 26 - Office of Administrative Hearings - Complete Title 

Ttle 27 - North Carolina State Bar ■ Complete Title 

Nortfi Carolina Administrative Code - Complete Code 

lAdd 585.00 Shipping and Handling; 

CD-ROM Nortfi Carolina Administrative Code 



CD-ROM Nortti Carolina Administrative Code 

tW'hen purchased with the Full Code in Printl 

Master Index 

Master Table of Contents 

Binder(s) Titled " Official North Corvlina Administrvtive Code" 



;i5 15 3:1 

215 15401 
215 25 001 
215 25 101 
215 25 201 

215 25 301 
21525 311 

21600 001 

216 10061 

21700 001 

:i7 15 101 

217 15 201 
217 15 271 
217 15 291 

21800 001 

:i? 10 060 

21900 001 

219 10021 

219 10 031 

220 00 001 

221 00 001 
n/a 

223 00 001 

224 00 001 

225 00 001 

226 00 001 

227 00 001 
299 99 981 

266 00 001 

266 50 001 

288 50 001 
288 80 001 
299 90 000 



S30.00 

S53.00 

S150.00 

S65.00 

S60.00 

585.00 

S25.00 

$60.00 

530-00 

$130.00 

540.00 
570.00 
S45.00 
S30.00 

$60.00 



S90.00 

545.00 
545.00 

S45.00 
S230.00 

S45.00 
$40.00 
$80.00 
$35.00 
S60.00 
$850.00 

$750.00 

$250.00 

$475.00 

$75.00 

$16.00/eacfi 



MET>iOD OF PAYME^fr: G Check Enclosed 

n VISA G MasterCanI G American Express 

c.\RDNLMBhS [ 

N.A.ME A, It ........fj., L.i .-jr.; 



CODENUHBER 



QUAKIIfY TOTAL 



CUSTOMER INFORMATION 



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Shipping and Handling (S'l.SO/copv' 

GRAND TOTAL 



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FOLD HERE 



NORTH CAROLINA REGISTER 
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